Home Posts tagged claims
Insurance Special Coverage

Are You Covered?

By Mark Morris

Christine Fleury

Christine Fleury says making alterations to the home — a common sight during the pandemic — could change insurance needs.

Call it the great migration indoors.

When the pandemic first hit, many people were forced to quickly convert their homes into offices, schools, and entertainment centers. Some in the insurance industry predicted this might lead to more homeowners insurance claims. In reality, it didn’t.

Similarly, as people spend more time in their homes, they also depend more on their water, electrical, and heating systems to work. While some insurance claims have been filed due to these systems failing after increased use, the increase has not been notable.

In fact, Christine Fleury, Personal Lines manager at Encharter Insurance in Amherst, said companies have actually seen a decrease in severe claims from homeowners. “As people spend more time at home, they are catching that large loss before it happens.”

Corey Murphy agreed, noting that, because people are home, they are noticing and taking care of seemingly minor problems like leaky gutters.

“As people spend more time at home, they are catching that large loss before it happens.”

“As people pay more attention to fixing the small issues, they prevent the larger problems from ever happening. A little preventive maintenance goes a long way,” the president of First American Insurance Agency in Chicopee noted.

Most homeowners insurance claims are the result of severe weather incidents. When COVID-19 first hit, winter was ending, and warm weather soon followed. Bill Trudeau, executive vice president and partner at HUB International New England in Agawam, said the mild winter this year has helped keep claims down.

“Other than a couple isolated wind events, the weather has behaved itself, and that means claims have tended to be in line with company projections.”

The pandemic has thrown a few wrinkles into the home-insurance picture this year, however.

For instance, many homeowners were motivated to invest in substantial improvements to their homes. Home construction and improvement contractors point directly to being cooped up in the house as the main motivator for people choosing to make improvements to their property.

What impact does all this renovation work have on the homeowners insurance carried on the house? The answer depends on what improvements are made and what kind of coverage is already in place.

Everyone BusinessWest spoke with agreed that, for small or cosmetic improvements, there is no need to contact an insurance agent. Some larger projects, however, may require altering or increasing a home’s coverage.

“Adding square footage to your home, doing a full remodel, or building a garage would all be reasons to consult your agent to make sure you have enough coverage,” Fleury said.

Even if they are not taking on home improvement projects, Trudeau advises people to call their insurance agent at least every couple of years so they understand the coverage that’s in place and whether they may need additional coverage.

“You can work with your agent to run a cost estimator,” Trudeau said. “It’s a software tool that takes the data from your home, including any upgrades, then shows you the current replacement cost if it was all suddenly gone.”

With the lifestyle changes wrought by the pandemic, it’s more important than ever to make sure the home — and everyone in it — are protected. Here are some key factors to consider.

 

Home Work

While they may not have set foot in the office in months, people who work from home are still protected from on-the-job injuries by workers’ compensation coverage. Office workers tend not to get injured on the job, but the coverage is in place if there is an incident.

“There has never been a distinction between whether employee actions emanate from an office at the company or from an office at the person’s home,” Trudeau said. “Because this coverage is broader in scope, COVID did not force us to make changes to workers’ comp plans.”

Bill Trudeau

Bill Trudeau says claims have been kept in check recently by a mild winter.

It’s not unusual for people working from home to have a computer, monitor, and even a printer that belongs to their employer. Murphy said some jobs may require employees to have additional business assets in the home, so it might be wise to make sure everything is covered. “Most policies will pay a little toward assets being home, but it’s usually a minimal amount.”

With homes serving as business offices and classrooms, more people — and their pets — are home at the same time. According to Trudeau, homeowners’ insurance policies consider any issues with an animal as a “strict liability event,” meaning there is no way to defend the action.

“If someone knocks on your door and your dog bites them, it generally means the insurance company pays the claim,” he explained, adding that, as people acquire more pets, the likelihood of claims increases. Most insurance companies keep a list of dog breeds they will not cover because those breeds have higher incident rates.

“You can work with your agent to run a cost estimator. It’s a software tool that takes the data from your home, including any upgrades, then shows you the current replacement cost if it was all suddenly gone.”

Murphy encourages pet owners to speak with their agent because these restrictions can vary widely among insurers. “Just because one company doesn’t want to cover your breed of dog, check with another company; it’s not a universal list.”

Whether they have pets or not, Fleury advises her clients to carry personal liability coverage, commonly known as an umbrella policy, that supplements both homeowners and auto coverage.

“When we write home and auto policies for a customer, we always recommend buying personal liability coverage as well because it gives you that additional safety net,” she said. A typical umbrella policy costs less than $200 but can provide up to $1 million in additional liability coverage when the limits of homeowners or auto coverage are exceeded.

While dog bites and leaking water pipes are obvious reasons to carry homeowners insurance, it can be much harder to detect a leak when personal data is compromised. A significant increase in identity theft has motivated insurance companies to begin offering identity-theft protection as part of their homeowners policies.

“With everyone at home and increased online activity, it’s more important than ever to safeguard your privacy from someone getting into your system and doing real damage,” Trudeau said.

Apart from identity-theft insurance, he advises everyone to follow best practices such as using multi-factor authentication. For example, when working on an important account online, a code is sent to the user’s personal phone that must be entered to gain access.

Corey Murphy

As people pay attention to small issues in the home, Corey Murphy says, they can prevent larger issues from ever arising.

When fraudsters accesses online bank accounts, they often add a payee into the account. Trudeau advises customers to check with their bank to make sure it uses multi-factor authentication to prevent an outsider from accessing their accounts and to make sure it’s turned on at home.

“If someone has logged into your computer and they don’t have your phone, they can’t get that code,” he said.

Fleury said her agency includes identity-theft coverage in all its homeowners policies. “We feel it is important insurance and recommend at least $5,000 worth of coverage for identity theft.”

 

From a Distance

The pandemic has changed the insurance business in other ways. Typically, when a homeowner files an insurance claim, an adjuster will visit the home and walk through to personally inspect the damage. With COVID-19 concerns, that’s happening much less often.

“In some ways, COVID is moving insurance companies along the digital side of things,” Murphy said. “They are allowing homeowners with a claim to submit photos and even have video calls if the insurer is set up for it.”

The trend toward relying on consumer photos rather than a visit by an adjuster follows what’s been happening on the auto-insurance side for some time.

“If someone knocks on your door and your dog bites them, it generally means the insurance company pays the claim.”

“Many auto insurers have created apps where the person making the claim takes a photo of the damage, uploads it for an adjuster to review, and then the payment is processed,” Fleury said.

The move toward more digital interaction is no surprise to Trudeau.

“Long before COVID, people e-mailed pictures and documents to us,” he said. “Companies have simply accelerated the move to modernization by using many tools they already had.”

Murphy likes to remind customers that every insurance company offers something a little different that their competitors. That’s why it’s important to put some thought into selecting a homeowners insurance policy.

“People need to assess what they have, in terms of their house and what’s in it, and then speak with an agent about what needs to be covered,” he said, adding that it’s about matching a person’s situation with the company that can best provide coverage for their needs — especially at a time when those needs, and demands on the home, are still in flux.

Insurance

Premium Concerns

By Mike Horan

Insurance costs have already been rising — the property and casualty space has seen 11% rate increases annually, on average — due to uncertainty around pandemic losses, catastrophic natural-disaster claims, a lack of capacity in the reinsurance market, low interest rates, and increased size of claims due to social inflation.

Now, just a couple weeks into Joe Biden’s presidency, we are asking ourselves: how will the incoming administration impact businesses like yours, and, consequently, the insurance marketplace and your premiums?

With the inauguration of Biden on Jan. 20, we expect a return to a highly pro-union, pro-workers’-rights administration similar to what we saw under President Obama (and Vice President Biden) from 2009 to 2017. This could very well come with a change of leadership at the Occupational Safety and Health Administration (OSHA). The current acting administrator, Loren Sweatt, has been in the role as an interim since 2017, and experts anticipate a changing of the guard.

“To prepare for the incoming administration and the changes that will accompany it, we encourage you to prioritize your safety practices. OSHA will be examining this much more closely, and so will the insurance companies.”

Most importantly for your business, you can count on a shift back to heavier enforcement of OSHA workplace violations. During his campaign for the presidency, Biden called on OSHA to “double the number of OSHA investigators to enforce the law and existing standards and guidelines.” Based on this, we expect more inspectors visiting businesses to ensure compliance, and heavier fines for infractions. We also anticipate a return to practices such as issuing press releases publicly naming companies that have been fined for workplace-safety violations, in an effort to discourage other businesses from making the same mistakes.

At Webber and Grinnell, we place heavy emphasis on loss control and creating a culture of safety within our clients’ operations. This is not just because we care about doing the right thing and keeping everyone safe (although that is certainly the primary reason). It’s also because we know that insurance companies are scrutinizing safety and losses more than ever due to the aforementioned facts about rising costs in the marketplace. They are rewarding safe companies and penalizing unsafe companies. One of the primary resources they use to make these decisions is OSHA records, so it is absolutely essential that you adhere to OSHA’s policies and guidelines.

To prepare for the incoming administration and the changes that will accompany it, we encourage you to prioritize your safety practices. OSHA will be examining this much more closely, and so will the insurance companies.

You need to be a step ahead by doing everything you can to create a culture of safety. Long-term benefits include fewer injuries, less downtime, lower insurance costs, better employee morale, and a work culture that will attract the best talent.

 

Mike Horan is a business insurance specialist and RiSC consultant at Webber and Grinnell Insurance.

 

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

 

HAMPSHIRE DISTRICT COURT

Gerald Laclaire v. Family Ford of Northampton Inc. and John S. Sarat Jr.

Allegation: Non-payment of wages: <$50,000

Filed: 11/9/20

 

Scott Tillinghast v. Center for Human Development Inc. and Innovative Care Partners, LLC

Allegation: Non-payment of wages, breach of contract: $2,000

Filed: 11/9/20

 

Peak Performance Roofing v. Crocker Building Co. Inc.

Allegation: Breach of contract: $10,960

Filed: 11/16/20

 

American Builders & Contractors Supply Co. Inc. d/b/a ABC Supply Co. Inc. v. Laurin Builders Inc. and Ronald D. Laurin a/k/a Ronald Laurin

Allegation: Breach of contract for goods sold and delivered, breach of personal guaranty: $3,871.84

Filed: 11/16/20

 

National Lumber Co. v. Unlimited Construction Services Inc., Neri D. Teo, Joel Cardenas, Sergeant House LP, and Travelers Casualty and Surety Co. of America

Allegation: Money owed for goods sold and delivered: $24,320.07

Filed: 1/7/21

 

Maria Terron v. Meadowbrook Preservation Associates LP, Poah Communities, and Preservation of Affordable Housing Inc.

Allegation: Negligence; slip and fall causing injury: $4,155.08

Filed: 1/12/21

 

NORTHAMPTON SUPERIOR COURT

Regina Post v. HFS of America Inc. and Eric M. Moberg

Allegation: Motor-vehicle negligence causing personal injury: $18,505.19

Filed: 11/3/20

 

Cecile Humphrey as personal representative of the estate of Christopher Humphrey v. Anthony’s Dance Club Inc.

Allegation: Wrongful death: $15,954+

Filed: 11/3/20

 

University of Massachusetts Building Authority and University of Massachusetts v. Adams Plumbing & Heating Inc.; Bruner/Cott & Associates Inc.; Garcia, Galuska & DeSousa Inc.; Halton Group Americas Inc.; Lee Kennedy Co. Inc.; Leftfield, LLC; Tekon Technical Consultants Inc; and WSP Group

Allegation: Negligence causing personal injury and property damage: $2,857,280

Filed: 11/30/20

 

Jane Philipson v. Eagle Crest Property Management, LLC and 18 Piece Chicopee, LLC

Allegation: Negligence causing personal injury and property damage: $613,000+

Filed: 1/4/21

 

Karen Lindsey v. AGR Realty Inc.

Allegation: Negligence; slip and fall causing personal injury: $83,004.80

Filed: 1/7/21

 

Brigitte Kahnert and Jens Christiansen v. Lia Automotive Inc. d/b/a Lia Toyota of Northampton

Allegation: Negligence; slip and fall causing personal injury: $54,836+

Filed: 1/15/21

 

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPSHIRE DISTRICT COURT

East Coast Builders Group, LLC v. Kent Pecoy & Sons Construction Inc. d/b/a Pecoy Cos. and Sturbridge Development, LLC
Allegation: Breach of contract: $27,500
Filed: 7/20/20

East Coast Builders Group, LLC v. Kent Pecoy & Sons Construction Inc. d/b/a Pecoy Cos. and Sturbridge Development, LLC
Allegation: Breach of contract: $24,349
Filed: 7/21/20

HAMPSHIRE SUPERIOR COURT

Francesca Torsiello, Cassandra Torsiello, and Kimberly Torsiello v. Trustees of Hampshire College, Five College Consortium Inc., Kevin Fournier, Raymond Labarre, Dianna Williams, Eva Rueschmann, and Byron McCrae
Allegation: Breach of contract, breach of civil rights: 871,000
Filed: 5/4/20

Easthampton Precision Manufacturing Inc. v. Samson Manufacturing Co.
Allegation: Breach of contract: $68,300.20
Filed: 5/8/20

Susan Lee Hanley, personal representative of the estate of Triona Hanley v. Athena Health Care Associates Inc. d/b/a Highview of Northampton; Malcolm Dean; Gina Ianacone, RN; Jane/John Doe 1; Jane/John Doe 2; Lara D’Benedetto, LPN; Margaret Russo, MD; and Jane/John Doe 3
Allegation: Medical malpractice, wrongful death: $1,000,000
Filed: 6/5/20

Jane Doe and John Doe v. Smith College, et al
Allegation: Willful negligence; willful infliction of pain, suffering, and emotional distress; fraud, mistake, duress, and undue influence; breach of contract and warranty: $15,000,000
Filed: 6/10/20

Western Builders Inc. v. Russell Street Hospitality, LLC and Gator Pearson, LLC
Allegation: Breach of contract: $416,983.35
Filed: 6/20/20

East Coast Builders Group, LLC v. Kent Pecoy & Sons Construction Inc. d/b/a Pecoy Cos., et al
Allegation: Breach of contract, unjust enrichment: $50,548
Filed: 7/21/20

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN SUPERIOR COURT

Jocelyne Soto v. M. Gomez Enterprises d/b/a Sam’s Quality Motors

Allegation: Negligence; slip and fall causing personal injury: $50,000

Filed: 12/12/19

Ronald Albee v. Rehab Resolutions Inc.

Allegation: Medical malpractice: $36,464.98

Filed: 12/12/19

Lela Bennett v. Stop & Shop; Albany Road Real Estate Partners, LLC; and Asphalt Paving & Maintenance Inc.

Allegation: Negligence; slip and fall causing personal injury: $45,000

Filed: 12/13/19

Stephen M. Efkowitz and Lauren Efkowitz v. Red Roof Inn PLUS+ and Red Roof Inns Inc.

Allegation: Bedbug infestation and other negligence causing personal injury: $16,500

Filed: 12/18/19

Jose Nieves v. RR and Co. Realty, LLC

Allegation: Negligence; slip and fall causing personal injury: $24,079.78

Filed: 12/18/19

Camerlin Electric Inc. v. A & G Contracting Inc.

Allegation: Money owed for services, labor, and/or materials: $153,700

Filed: 12/26/19

HAMPSHIRE SUPERIOR COURT

Glenn Gulotta v. Cooley Dickinson Hospital Inc.; anesthesiologist John Doe; Daniel McBride, M.D.; nurse Jane Doe; and AMN Healthcare Inc.

Allegation: Medical malpractice: $110,000

Filed: 1/16/20

PALMER DISTRICT COURT

Marcia Johnson v. The Northeast Health Group Inc., Williamsett Center East RE LLC, and Howard Jaffe

Allegation: Failure to pay wages: <$25,000

Filed: 01/16/2020

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN DISTRICT COURT

Marvin Jordan v. Prevalent Transport Inc. and Sergey Kucherenko

Allegation: Violation of wage-and-hour laws: $2,783.75

Filed: 11/12/19

E.B. Thomsen Inc. d/b/a Thomsen Food Service v. Eight Eight One Entertainment Inc. d/b/a the Tap Room Grill and John Siniscalchi

Allegation: Money owed for goods sold and delivered: $13,203.58

Filed: 11/13/19

HAMPDEN SUPERIOR COURT

Tyra Dixon v. Michael Kors Retail Inc. and Cesar Delaza

Allegation: Employment discrimination: $25,000+

Filed: 11/12/19

Zena Sky Perez v. Rocky’s Ace Hardware Inc. and Mitchell Johnson

Allegation: Employment discrimination: $25,000+

Filed: 11/12/19

Elizabeth Sullivan, individually and on behalf of those similarly situated v. Med Express Urgent Care, P.C. Massachusetts

Allegations: Unpaid wages: $50,000+

Filed: 11/12/19

Thomas Graziano v. Meredith Corp. d/b/a Western Massachusetts News, Raymond S. Hershel, and David A. Madsen

Allegation: Defamation, employment loss, wage loss, emotional distress, damage to reputation: $489,500

Filed: 11/12/19

FCIA Management Co. Inc. v. Turley Publications Inc.

Allegation: Breach of contract, failure to provide services paid for: $37,996.03

Filed: 11/13/19

HAMPSHIRE DISTRICT COURT

Commerce Insurance Co. a/s/o Elena Volpe v. Jeffrey Miller d/b/a Cosmic Cab Co. and Daniel Hale

Allegation: Negligence causing personal injury and property damage: $9,062.88

Filed: 11/1/19

Edgardo Cancel v. Corps Logistics Inc. and James Duffney individually

Allegation: Non-payment of wages, breach of contract, retaliation, violation of overtime laws: $2,516

Filed: 11/19/19

PALMER DISTRICT COURT

Christopher Shalvoy v. Custom Creations Enterprises, LLC and Custom Creations Inc.

Allegation: Defendants misclassified plaintiff as an independent contractor: $8,262

Filed: 11/4/19

WESTFIELD DISTRICT COURT

Brenda McNair v. Knight Associates Realty Inc. and Meadow Village, LLC

Allegation: Negligence causing personal injury: $34,664.53

Filed: 11/22/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN DISTRICT COURT

R.E. Michel Co. Inc. n/k/a R.E. Michel Co., LLC v. Ahmad N. Almaoula a/k/a Ahmad Almaoula d/b/a American Independent Contractors

Allegation: Money owed for goods sold and delivered: $47,040.97

Filed: 9/24/19

Reinhart Foodservice, LLC v. Lona Ventures Inc. d/b/a Corner Grill Pizzeria and Seafood, Brahim Abed, and Marcondes Martins de Assis

Allegation: Money owed for goods sold and delivered: $5,748.22

Filed: 9/24/19

American Builders & Contractors Supply Co. Inc. d/b/a ABC Supply Co. Inc. v. Charles Laveck a/k/a Charles T. Laveck d/b/a Charles Laveck Home Improvement

Allegation: Money owed for goods sold and delivered: $19,792.24

Filed: 9/24/19

American Builders & Contractors Supply Co. Inc. d/b/a ABC Supply Co. Inc. v. Averil H. Westley a/k/a Averil Westley d/b/a Twice as Nice Roofing and Lamont E. Westley a/k/a Lamont Edwardjoe Westley a/k/a Lamont Westley d/b/a Twice as Nice Roofing

Allegation: Money owed for goods sold and delivered: $18,629.12

Filed: 9/25/19

HAMPDEN SUPERIOR COURT

RFT Industries Inc. v. Columbia Manufacturing Inc.

Allegation: Breach of contract: $320,156.89

Filed: 9/5/19

Grossman, Tucker, Perreault & Pfleger, PLLC v. Troy Industries Inc.

Allegation: Breach of contract: $94,126.02

Filed: 9/6/19

Anthony Vincenzo v. the PAHK Inc.

Allegation: Negligence causing personal injury: $58,000+

Filed: 9/10/19

Marie O’Connor v. New England Orthopedic Surgeons

Allegation: Employment discrimination: $50,000+

Filed: 9/12/19

Sonja Bergeron and Joseph Bergeron v. E Ink Corp.

Allegation: Negligence; slip and fall causing personal injury: $59,363.14

Filed: 9/18/19

Quaishaun Bias v. Supreme Systems Inc,

Allegation: Negligence causing personal injury: $69,180

Filed: 9/23/19

Thomas Lukasik v. Matthew S. Collins, M.D.; Baystate Health Inc.; and Baystate Medical Center Inc.

Allegation: Medical malpractice: $250,000

Filed: 9/24/19

Anderson Green v. Curry Automotive, LLC

Allegation: Violation of Massachusetts wage law: $25,000

Filed: 9/24/19

Jeffrey Josinvil v. Samuel’s Tavern, LLC and Edward Grimaldi d/b/a Samuel’s Tap & Table

Allegation: Negligence causing personal injury: $1,072,000

Filed: 9/27/19

HAMPSHIRE DISTRICT COURT

Split Excavating Inc. v. Silverman Realty Group Inc. and Haven Plaza East Associates, LP

Allegation: Breach of contract for snow removal, ice control, and litter sweeping: $59,745.25

Filed: 9/23/19

HAMPSHIRE SUPERIOR COURT

Graybar Electric Co. Inc. v. Couglin Electrical Contractors Inc. and Montague Road Solar, LLC

Allegation: Breach of contract: $86,234

Filed: 9/24/19

Christine Canavan v. Shawmut Design and Construction

Allegation: Negligence causing personal injury: $465,730.93

Filed: 9/26/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT

Lazarito Martinez v. Diane Rose and the May Institute

Allegation: Motor-vehicle negligence causing personal injury: $3,435

Filed: 7/2/19

FRANKLIN SUPERIOR COURT

Barbara Sullivan v. Healthcare Services Group Inc.

Allegation: Negligence; slip and fall causing injury: $700,000

Filed: 6/27/19

Robert T. Akey v. Meadowview Manor Condominium Trust, Steve Moran, and Noreen Nowak-Moran

Allegation: Negligence causing personal injury: $16,234.78

Filed: 7/3/19

Chrysta Marini v. Demetrious Konstantopoulos and Demetrious Konstantopoulis d/b/a Castaways

Allegation: Assault and battery, intentional infliction of emotional distress, negligent infliction of emotional distress

Filed: 7/3/19

HAMPDEN SUPERIOR COURT

Catherine Kelly v. L & J Properties, LLC and Q & M Christy’s Inc. d/b/a A Bica Bar & Grill

Allegation: Negligence; slip and fall causing personal injury: $28,496.94

Filed: 6/20/19

Stacey Hathaway v. Eastern States Exposition and Donna Woolam

Allegation: Employment discrimination: $450,000

Filed: 6/21/19

Yvette Frisby v. City of Springfield

Allegation: Negligence causing personal injury: $9,476.80

Filed: 6/21/19

NGM Insurance Co. as subrogee of Beverly A. Scott and James Scott v. Pioneer Valley Transit Authority

Allegation: Motor-vehicle negligence: $12,420.17

Filed: 6/27/19

Steven S. Follett and Caitlin C. Follett v. Dan Roulier & Associates Inc., the Joseph J. Mottes Co., and Becker Construction Co.

Allegation: Breach of contract, breach of covenant of good faith and fair dealing, negligence, breach of implied warranty of habitability, breach of express warranty: $250,000

Filed: 7/1/19

International Container Co., LLC v. Sheboygan Paint Co.

Allegation: Breach of contract: $1,000,000+

Filed: 7/2/19

Systemart, LLC v. Cloudbourne Global Inc. f/k/a Ospyn Technologies Inc.

Allegation: Balance owed for staffing services: $39,337.88

Filed: 7/3/19

Syme Inc. d/b/a Packaging Specialties Inc. v. BKA Inc. d/b/a Custom Pak Inc.

Allegation: Breach of contract: $109,853.04

Filed: 7/3/19

HAMPSHIRE SUPERIOR COURT

David S. Reid v. Louis S. Strauss, M.D.

Allegation: Medical malpractice: $505,100+

Filed: 6/21/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN DISTRICT COURT

Rebecca Allen v. Benchmark Holdings, LLC

Allegation: Negligence; slip and fall causing personal injury: $2,370+

Filed: 6/4/19

HAMPDEN SUPERIOR COURT

William J. Szulc Jr., personal representative of estate of William J. Szulc Sr. v. 855 Liberty Springfield, LLC; Matthew D. Campagnari; and Siciliano Plumbing and Heating Inc.

Allegation: Wrongful death: $51,257.66

Filed: 5/23/19

Manuel Portelada v. Baystate Winair Co.

Allegation: Negligence; slip and fall causing personal injury: $48,392.51

Filed: 5/28/19

Max Rutkowski v. J.R. Realty Inc. and Joseph R. Filiault

Allegation: Negligence; slip and fall causing personal injury: $144,391.17

Filed: 5/29/19

NStar Electric Co. d/b/a Eversource Energy v. Asplundh Construction, LLC

Allegation: Negligence causing property damage: $30,305.96

Filed: 6/3/19

Donna Janerico v. Yi-Lo Yu, M.D.; Jacqueline E. Brecht, M.D.; MWA, P.C. d/b/a Riverbend Medical Group; and Advanced Urology of New England, LLC

Allegation: Medical malpractice: $1,700,000

Filed: 6/5/19

Annette Gehlhausen v. R.M. Foley Inc.

Allegation: Negligence causing personal injury: $111,802.21+

Filed: 6/5/19

Troy Teal v. Amanda Jean Kravetz, M.D.; Brian C. Martin, M.D.; Baystate Health Inc.; and Baystate Medical Center Inc.

Allegation: Medical malpractice: $300,000

Filed: 6/5/19

HAMPSHIRE SUPERIOR COURT

EIS Wire & Cable Inc. v. Environmental Integrity Co., LLC

Allegation: Breach of contract: $46,949.40

Filed: 5/9/19

Robin Grady v. National Express, LLC

Allegation: Motor-vehicle negligence causing personal injury: $100,000

Filed: 5/13/19

Geraldine Swanson v. Town of Southampton

Allegation: Failure to pay wages: $25,000

Filed: 5/14/19

PALMER DISTRICT COURT

David Ouellette v. Walmart Inc.

Allegation: Negligence causing personal injury: $1,500

Filed: 6/11/19

WESTFIELD DISTRICT COURT

Daniel Ohradka v. John Doe, Ocean State Jobbers Inc., and Ocean State Jobbers Inc. d/b/a Ocean State Job Lot

Allegation: Negligence causing personal injury: $5,000

Filed: 5/28/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT

David Diaz v. Eugeniusz Wargulewski , Rivoli Inc., and Forest Hills Properties Inc.

Allegation: Fraud, breach of contract, negligence, unjust enrichment: $25,000

Filed: 5/5/19

HAMPDEN DISTRICT COURT

Reinhart Foodservice, LLC v. Cassmit Lucky, LLC d/b/a Lucky’s Pizza and James Luke Cassell

Allegation: Money owed for goods sold and delivered: $5,390.68

Filed: 5/4/19

Reinhart Foodservice, LLC v. Cousin’s Restaurant Corp. d/b/a Anatolia Kabob House and Ahmet Ozseferoglu

Allegation: Money owed for goods sold and delivered: $5,251.18

Filed: 5/22/19

HAMPDEN SUPERIOR COURT

Susan Francoeur, individually and as guardian of Andrew Francoeur v. Hulmes Transportation Services Ltd., Karen Kozlik, and Robert Harnois

Allegation: Motor-vehicle ngeligence causing personal injury: $721,596+

Filed: 5/3/19

Eugenia Velasquez v. Susan P. Torrey, M.D.; Jeannette M. Wolfe, M.D.; Christine M. Mroz, RN; Michael J. Strapp, PA; Katie Jean Arey, PA; and Baystate Health Inc. d/b/a Baystate Medical Center

Allegation: Medical malpractice

Filed: 5/6/19

Tom Irwin Inc. v. Ludlow Country Club Inc.

Allegation: Money owed for goods sold and delivered: $36,608.04

Filed: 5/7/19

Jocelynn Sullivan v. Jose Pires and Grasso Cos., LLC

Allegation: Motor-vehicle negligence causing personal injury: $14,866.57

Filed: 5/15/19

Fred Cintron and Alina Colon v. Henry C. Kocot & Sons Inc.

Allegation: Negligence; slip and fall causing personal injury: $70,599.72

Filed: 5/17/19

Lisa Mandaglio v. Veritas Preparatory Charter School and Rachel Romano

Allegation: Intentional infliction of emotional distress, negligent infliction of emotional distress, breach of contract, defamation, breach of confidentiality/invasion of privacy, misrepresentation, filing false reports with DCF, wrongful termination: $12,244.53

Filed: 5/23/19

Jean Valentine v. the Stop & Shop Supermarket Co., LLC

Allegation: Negligence; slip and fall causing personal injury: 737,514.75

Filed: 5/24/19

HAMPSHIRE SUPERIOR COURT

Carlotta Cinelli v. University of Massachusetts Amherst

Allegation: Negligence; slip and fall causing personal injury: $29,800

Filed: 5/2/19

James M. Miller v. Spartan Concrete Services Inc. f/k/a Spartan Bobcat & Concrete Services Inc.

Allegation: Breach of contract: $25,000+

Filed: 5/3/19

PALMER DISTRICT COURT

Labonte & Son, LLC v. Fleet Trailer, LLC

Allegation: Failure to pay for services provided: $42,112+

Filed: 5/8/19

Wikoff Color Co. v. Turley Publications Inc.

Allegation: Breach of contract, unjust enrichment: $16,492.26

Filed: 5/13/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

FRANKLIN SUPERIOR COURT

Jonathan Bones v. Stokes and Lipski Construction Inc.

Allegation: Failure to pay prevailing rate of wages

Filed: 3/5/19

HAMPDEN DISTRICT COURT

Perkins Paper, LLC v. One Importers and Distributors, LLC d/b/a Terra Nossa Center Bakery and Joao Cardoso Araujo a/k/a Joao C. Dearaujo a/k/a Joao Araujo a/k/a John Damota

Allegation: Money owed for goods sold and delivered: $24,199.93+

Filed: 4/10/19

Perkins Paper, LLC v. Diesel Inc. and Robert Passaretta

Allegation: Breach of contract, money owed for goods sold and delivered: $7,408.81

Filed: 4/5/19

HAMPDEN SUPERIOR COURT

Frances Mohsin v. Gandara Mental Health Center Inc., Jerry Mercardo, and Madeline Martinez

Allegation: Employment discrimination: $25,000+

Filed: 4/1/19

Tammy L. Newsome v. Baystate Medical Center Inc.

Allegation: Employment discrimination: $25,000+

Filed: 4/3/19

Janis Creeger v. Friendly’s Ice Cream, LLC

Allegation: Negligence; slip and fall causing injury: $84,352.68

Filed: 4/4/19

Ingram Micro Inc. v. Daniel Mugure d/b/a Ivory Onyx Inc.

Allegation: Money owed for goods sold and delivered: $108,712.49

Filed: 4/5/19

Autumn Padilla v. Mont Marie Operator, LLC

Allegation: Employment discrimination: $25,000+

Filed: 4/8/19

Joan Marie G. Turgeon as personal representative of the estate of Raymond P. Turgeon v. Berkshire Health Care Systems Inc. d/b/a East Longmeadow Skilled Nursing, et al

Allegation: Medical malpractice, wrongful death: $925,000

Filed: 4/8/19

Seth Luciano v. Aldi Inc. and Aldi Inc. (New York)

Allegation: Negligence: slip and fall causing personal injury: $100,000

Filed: 4/10/19

Glenn Mackintosh v. Ludlow Housing Authority and Robin Carvide

Allegation: Whistleblowing violation, breach of contract, tortious interference with contractual relation, negligent infliction of emotional distress, intentional infliction of emotional distress, and breach of covenant of good faith and fair dealing: $34,174.40

Filed: 4/11/19

Northern Tree Service Inc. v. Newport Construction Corp.

Allegation: Breach of contract: $67,075

Filed: 4/11/19

Ruddy Santana v. Positronic Farms Inc., Morriss Partee, Matthew Moriarty, and David Caputo

Allegation: Violation of overtime law, violation of minimum-wage law, breach of contract, unjust enrichment, and breach of covenant of good faith and fair dealing: $25,000+

Filed: 4/12/19

HAMPSHIRE DISTRICT COURT

Loretta Stober and Gregory Fournier v. Vivint Solar Developer, LLC and DC Generals, LLC

Allegation: Breach of express warranties, breach of covenant of good faith and fair dealing, negligence: $20,203.25+

Filed: 4/11/19

HAMPSHIRE SUPERIOR COURT

Novum Structures, LLC v. Barr & Barr Inc., Liberty Mutual Insurance Co., and trustees of Amherst College

Allegation: Breach of contract, money owed for labor and materials: $526,019

Filed: 4/4/19

Catherine Darcy v. Friendly’s Ice Cream, LLC

Allegation: Negligence; slip and fall causing injury: $25,000

Filed: 4/23/19

WESTFIELD DISTRICT COURT

Bobby Pinkney v. Rocky’s Hardware Inc. and Liberty Mutual Insurance Co.

Allegation: Negligence causing personal injury: $7,215

Filed: 4/4/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

HAMPDEN DISTRICT COURT

Beacon Sales Acquisitions Inc./Allied Building Products v. Rhode Island Solar Solutions Inc., Anestis Taskos, and Michael Staab a/k/a Michael D. Staab

Allegation: Money owed for goods sold and delivered, breach of personal guaranty: $20,638.93

Filed: 4/10/19

HAMPDEN SUPERIOR COURT

Bruce Langevin v. Parts Tool and Die Inc.; Cheryl Holtham Havel, CPA; Ronald D. Coleman Jr.; Red Deer Investments Inc.; Deborah L. Elias; and Aziz L. Elias, Azdeb, M.F.G. Inc.

Allegation: Employment discrimination: $25,000+

Filed: 3/18/19

Raymond E. Kemple v. Costco Wholesale Corp.

Allegation: Negligence; slip and fall causing personal injury: $23,902.72

Filed: 3/18/19

Darrian Plasse v. Merchants Metals, LLC

Allegation: Negligence causing personal injury: $20,592.72

Filed: 3/19/19

Cari Kasulinous v. Garra, LLC

Allegation: Negligence; slip and fall causing personal injury: $17,097.52

Filed: 3/15/19

Commerce Insurance Co. as subrogee of Mausela Rivie and Aisha Correa v. Pioneer Valley Transit Authority

Allegation: Negligence causing personal injury and property damage: $3,737.52

Filed: 3/18/19

Landon Lima, a minor, by and through his mother and next best friend, Liat Lima, and Liat Lima individually v. FIC Restaurants Inc. and Friendly’s Restaurants, LLC

Allegation: Negligence causing personal injury: $21,517.54

Filed: 3/21/19

Candy Fagone v. WJFP 4 Inc. d/b/a McDonald’s Restaurant and McDonald’s USA, LLC

Allegation: Negligence; slip and fall causing personal injury: $101,610.54

Filed: 3/21/19

Janet Cossette v. Costco Wholesale Membership Inc. and Costco Wholesale Corp.

Allegation: Negligence causing personal injury: $143,447.13

Filed: 3/21/19

Shonnelle Norman v. Pioneer Valley Transit Authority

Allegation: Motor-vehicle negligence causing personal injury: $26,143+

Filed: 3/26/19

Kimberly Reynolds as personal representative for the estate of Robert J. Siddell Jr. v. Amat Victoria Curam, LLC and RR and Co. Realty, LLC

Allegation: Negligence; slip and fall causing personal injury

Filed: 3/28/19

Craig E. Tirrell v. Mr. Home Inc.

Allegation: Improper deduction of wages, breach of contract, and unjust enrichment: $55,350

Filed: 4/2/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT
Nilda Nunes v. James Smith and EAN Holdings, LLC d/b/a Enterprise
Allegation: Motor-vehicle negligence: $8,970.53
Filed: 3/26/19

HAMPDEN DISTRICT COURT
Harold Levinson Associates Inc. v. Mehran Enterprises Inc. d/b/a Pick N Pay Food Mart and Jessica Newman a/k/a Jessica L. Newman a/k/a Jessica Lyn Newman
Allegation: Money owed for goods sold and delivered: $24,171.76
Filed: 3/1/19

Beacon Sales Acquisition Inc. d/b/a Beacon Sales Co. v. James J. Shiels Jr. d/b/a Jimmy Shiels General Contracting
Allegation: Money owed for goods sold and delivered: $12,078.29
Filed: 3/4/19

HAMPDEN SUPERIOR COURT
Now Plastics v. Longmeadow Park, LLC
Allegation: Breach of lease contract: $500,000
Filed: 2/27/19

Matthew Levy, on behalf of himself and all others similarly situated v. Pride Stores, LLC
Allegation: Failure to pay wages: $40,000
Filed: 3/1/19

Miranda Arthur-Smith v. Mass. Westfield Limited Partnership and Aspen Square Management Inc.
Allegation: Negligence causing personal injury: $88,500
Filed: 3/4/19

Elizabeth Jimenez v. Pyramid Management Group, LLC
Allegation: Negligence; slip and fall at Holyoke Mall causing personal injury: $29,735.39
Filed: 3/4/19

Theresa Grant McElwain and Andrew McElwain v. Bacarella Trucking Services Inc. and William Kampfman
Allegation: Motor-vehicle negligence causing personal injury and property damage: $10,599.88
Filed: 3/7/19

Annette Jung v. Trustees of Financial Plaza Trust
Allegation: Negligence; slip and fall causing personal injury: $111,586.46
Filed: 3/11/19

Gianmy Castillo v. Zamiah Restaurant Corp. d/b/a Malecon Bar & Restaurant
Allegation: Negligence; slip and fall causing personal injury: 95,638.20
Filed: 3/11/19

HAMPSHIRE DISTRICT COURT
Mitchell A. Lopes and Brittany O. Shawanda v. World War II Veterans’ Assoc. of Hampshire County Inc. d/b/a World War II Club – The Deuce, Steven J. Connor, and Mathieu Tebo
Allegation: Unpaid wages: $23,000
Filed: 4/3/19

HAMPSHIRE SUPERIOR COURT
Stephen Allard Trudel v. Clement Grassi, M.D.
Allegation: Medical malpractice: $500,000+
Filed: 3/6/19

Fernanda Ferrando v. Amherst Shopping Center Associates, LLC; Wilson Construction General Contractor; Peter Wilson d/b/a Wilson Construction General Contractor; and Daniel Wilson d/b/a Wilson Construction General Contractor
Allegation: Negligence; slip and fall causing personal injury: $74,999.99
Filed: 3/29/19

Kelly Loncrini v. Lowe’s Home Centers, LLC and Sean Eagan
Allegation: Employment discrimination: $25,000+
Filed: 4/3/19

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

FRANKLIN SUPERIOR COURT

Lori Saleem v. William W. Clark and William W. Clark Excavating

Allegation: Motor-vehicle negligence causing personal injury and property damage: $6,725

Filed: 10/9/18

Juanita Soriano Taylor v. the Yankee Candle Co. Inc.

Allegation: Negligence causing personal injury: $25,000+

Filed: 11/15/18

HAMPDEN SUPERIOR COURT

Ruthie Melendez v. Springfield Housing Authority

Allegation: Negligence causing personal injury: $5,575.67

Filed: 12/10/18

Galveston Shrimp Co., LLC v. EP Floors Corp.

Allegation: Breach of contract, breach of implied covenant of good faith and fair dealing, breach of express warranty for goods: $87,500+

Filed: 12/17/18

Michelle Raymond v. Sterling Realty Trust and Stewart B. Reed as trustee for Sterling Realty Trust

Allegation: Negligence; slip and fall causing personal injury: $38,233.90

Filed: 12/20/18

Jean Sullivan v. the Stop and Shop Supermarket Co., LLC

Allegation: Negligence causing personal injury: $25,389.79

Filed: 12/20/18

Gayle Lombardini, personal representative of the estate of Paul Lombardini Jr. v. Brian Paul Sutton, M.D.; David Peterson, M.D.; and Westfield Emergency Physicians, P.C.

Allegation: Medical malpractice: $25,000+

Filed: 12/24/18

Jorge Colon Sr. and Betty Matos v. Fuel Services Inc.

Allegation: Trespass, nuisance, negligence, loss of use, property damage, personal injury, and loss of consortium resulting from wrongful delivery of heating oil that flooded basement and seeped into soil: $2,500

Filed: 12/28/18

Lesley Sporbert and Paul Sporbert Jr. v. the Carson Center for Human Services Inc., Behavioral Health Network Inc., BHN the Carson Center, and Anne Benoit

Allegation: Negligence causing personal injury: $152,748.60

Filed: 12/28/18

HAMPSHIRE SUPERIOR COURT

Bernadette Giblin v. J.F. White Contracting Co.; Schiavone Construction Co., LLC; White-Schiavone JV; Vanasse Hangen Brustlin Inc.; CME Associates Inc.; and Roadsafe Traffic Systems Inc.

Allegation: Negligence causing personal injury: $65,368.43+

Filed: 12/13/18

Joann Cook and Carl Cook v. Balise Motor Sales Co. and Primary Source Insurance Agency Inc. d/b/a Federated Service Insurance

Allegation: Negligence causing personal injury and property damage: $46,643+

Filed: 1/10/19

PALMER DISTRICT COURT

Progressive Universal Insurance Co. a/s/o Vincent N. Raleigh v. De Mase Trucking Co. Inc.

Allegation: Motor-vehicle negligence causing property damage: $16,117.30

Filed: 1/15/19

WESTFIELD DISTRICT COURT

Peter Talbot v. Window World of Western Massachusetts Inc.

Allegation: Money owed for services provided as an employee: $4,995.21

Filed: 12/14/18

Court Dockets

The following is a compilation of recent lawsuits involving area businesses and organizations. These are strictly allegations that have yet to be proven in a court of law. Readers are advised to contact the parties listed, or the court, for more information concerning the individual claims.

CHICOPEE DISTRICT COURT

Michael D. Facchini d/b/a Facchini Law Firm v. Law Offices of Mark E. Salamone

Allegation: Failure to pay reasonable attorney’s fees as compensation for work done on file: $3,575

Filed: 11/1/18

David Rossi v. Pezzetta Co. Inc. and John Pezzetta

Allegation: Breach of contract, fraud/deceit: $16,700

Filed: 11/23/18

PALMER DISTRICT COURT

Margaret Slitzky v. Stacy’s Cleaners Inc.

Allegation: Negligence; slip and fall causing personal injury: $2,000

Filed: 12/3/18

WESTFIELD DISTRICT COURT

Harry Van Wart Painting Inc. v. Kent Pecoy & Sons Construction Inc.

Allegation: Failure to pay for painting contractor work: $10,550

Filed: 11/7/18

Jessica Bushey v. Pioneer Valley Inspections, LLC

Allegation: Misrepresentation, negligence, and breach of contract: $16,000

Filed: 11/28/18

Alan Stepanik d/b/a Al Stepanik Greenhouses v. Ana Realty Corp. d/b/a Lambert’s Deli o/k/a the Deli at Rainbow Square

Allegation: Breach of contract: $6,060

Filed: 12/10/18