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The Rough Notes Company Inc.

Court Decisions

When is an agent not an agent?

When is an agent not an agent? Charles Popham contacted independent agent Steven Greenberg to obtain a commercial general liability policy for his tree removal business. Greenberg obtained a quote from Tapco Underwriters, which had authority to issue policies on behalf of Landmark American Insurance Company. Popham met with Greenberg on November 17, 2010, at which time Popham signed an application and made a down payment on the premium. Popham received a certificate of insurance from Greenberg

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Case closed? Not quite

Case closed? Not quite On June 20, 2011, Jack Stockford was injured in a motor vehicle accident. His no-fault insurer was State Farm Mutual Automobile Insurance Company. Stockford was treated on at least three occasions by Covenant Medical Center, a healthcare provider. Covenant sent State Farm bills on July 3, August 2, and October 9, 2012, for medical services it provided to Stockford. It was undisputed that State Farm received

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Not too drunk to sucker punch

Not too drunk to sucker punch On the evening of June 26, 2013, Ryan Casey, then 17 years old, attended the St. Peter’s fiesta celebration in Gloucester, Massachusetts, with two friends, Dylan Chaney and Forrest Turner. Before arriving, Casey had consumed alcohol and smoked marijuana. At some point while at the fiesta, Casey encountered Evan Williams, also 17 years old, and the two left on foot in the company of Chaney

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Clear as mud: Is a home owner a “contractor”?

Clear as mud: Is a home owner a “contractor”? Gary Gustafson operated a business called Gustafson Excavating and Septic Systems. He was hired by Andrew Aho to perform landscaping and drainage work around a pond on Aho’s residential property. Gustafson was insured under a commercial general liability policy issued by Atlantic Casualty Insurance Company. Aho, who was watching Gustafson’s employee clear brush near the pond with a brushhog, was injured when a

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No payoff for parsing policy

No payoff for parsing policy On February 18, 2011, John Cernogorsky, an employee of The Green Companies, was injured when struck by an automobile while he was walking in front of The Green Companies’ offices on the way into the building. The car that struck him was driven by an underinsured motorist. After Cernogorsky demanded and received payment up to the $100,000 policy limits of the motorist who struck him, he

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