Reinsurer Not Liable to Plumber Who Fell in Boiler Sump Pit, Mass. Appeals Court Rules
April 2, 2021
BOSTON — An insurer and reinsurer are not liable to a plumber who was injured after he fell into an uncovered boiler sump pit that had been inspected pursuant to the terms of a policy providing breakdown coverage for the boiler, a Massachusetts appeals court has affirmed.
In an April 12 order, the Massachusetts Appeals Court explained that defendants owed no duty to the plumber to inspect the sump pit because it did not qualify as an “appurtenance” of the boiler under Massachusetts law.
The boiler, located at the South Congregational Church in Pittsfield, Mass., was insured by Preferred Mutual …