[DOWNLOAD] "Lusalon v. Hartford Accident and Indemnity" by Appeals Court of Massachusetts " eBook PDF Kindle ePub Free
eBook details
- Title: Lusalon v. Hartford Accident and Indemnity
- Author : Appeals Court of Massachusetts
- Release Date : January 31, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
The plaintiff (Lusalon) was the masonry subcontractor in the construction of the new Boston English High School. Its work included mortaring in preassembled and preprimed metal doors and windows. In the course of that work, the door and window frames were spattered with mortar. The general contractor directed Lusalon to clean the frames. This Lusalon did with a muriatic acid solution. Lusalon failed to rinse the frames properly, leaving a calcium choride residue that caused the finish paint, applied later by another subcontractor, to peel off. Lusalon sued the general contractor for a balance due on its subcontract price, and the general contractor counter-claimed for damages against Lusalon for the scraping and repainting work necessary to correct the peeling problem. In that action, a master found that Lusalon's cleanup work had been unworkmanlike and recommended judgment for the general contractor on the disputed issues. Lusalon retained new counsel, who asked Lusalon's insurer, the defendant Hartford, to take over the defense of the counterclaim. Hartford refused, denying liability under the policy and asserting delays in notification and forwarding of the counterclaim. Lusalon and the general contractor then entered into a settlement of the principal action. Lusalon commenced this action against Hartford for indemnification under the policy, acknowledging as true the facts found by the master in the earlier action. The Judge allowed Hartford's motion for summary judgment, ruling that the policy did not cover the loss and that Hartford was not obligated to defend. Lusalon, treating that ruling as dispositive of all claims against all defendants, 1 moved for entry of final judgment and appealed therefrom.