A private human services company leased my property for an assisted living operation. At the start of the lease I asked to be named as an additional insured on their policy. They told me no problem. After a few years had gone by I discovered that I wasn't on their policy after all and I again asked via email. They sent an email to their insurance agent to put me on the policy. End of story or so I thought. A couple of years later one of their employees claimed to have been injured by walking into a piece of equipment I stored on the property (this case is pending). He collected workmens comp and never returned to work for this employer. He got a lawyer to take his case and now I'm out $20K in legal fees because I relied on the company to put me on their policy and they didn't. I did not carry liability insurance. While this was going down I spoke with both the CFO and the insurance agent who informed they could retroactively put me on the policy if it could be shown that they wanted me on the policy in the first place. They didn't realize that there were emails documenting this apparently, because now they won't step up to theplate and do the right thing. Is this case for 93A?
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Editor's Response
Does not sound like a 93A claim. I would find a MA lawyer (possibly the one representing you in the civil case) and ask him or her to review the emails and try to come up with a legally recognizable claim against the lessee. Good luck.