Bodily Injury Damages Do Not Include Attorneys Fees in Massachusetts

Following a sewage backup in their home, the Mastons hired the Servpro firm owned by the Poiriers to clean up the mess. Mrs. Maston subsequently suffered respiratory problems caused by the chemicals the company used in its cleaning process. The Mastons sued the Poirers and won damages of $696,669.48 on their bodily injury claim. This represented the Poirers’ liability to the Mastons except for their attorney’s fees and interest. The Poirers’ insurer, Vermont Mutual, sought a declaratory judgment to determine whether or not it was also responsible for the Maston’s attorney’s fees. The Superior Court and an appeals judge held that the policy did cover attorney’s fees. The Massachusetts Supreme Court reversed that decision. Read more about the case and what effect this has already had on business insurance policies in the state here.