The Massachusetts Supreme Judicial Court has reversed a Superior Court judge’s ruling, finding that a commercial liability insurance policy covering damages “because of ‘bodily injury’” does not include the automatic award of attorney fees.
In the underlying action, Douglas and Phyllis Matson hired Paul and Jane Poirier, who operated a cleaning business, Servpro of Fitchburg-Leominster, to clean up a sewage spill in their basement. While Servpro warned Phyllis Matson to stay out of the basement after crews applied disinfectants, they failed to warn her that being in the basement could be dangerous until the product dried, according to the court’s July 6 opinion.
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