April 01, 2016 -
SRBC Wins Dismissal of Claim Against Insurer
SRBC partner William L. Boesch
and associate Grace L. McGuire
have won summary-judgment dismissal of a claim against an insurer client for unfairly failing to settle a malpractice case brought against a home inspector. In the malpractice case, the buyer of a million-dollar home in Wayland, Massachusetts contends that the home inspector should have informed her that the cladding on the front of the house was a kind of brick tile rather than full-dimensional brick. The court agreed with SRBC that even aside from whether the home inspector should have reported this fact, it was far from clear what if any cognizable harm or damages the buyer suffered from the omission, and under those circumstances the insurer had no obligation to settle the claim. Thus, the buyer's unfair-practices claim against the insurer was groundless as a matter of law.