The Massachusetts Appeals Court recently bypassed a trial court’s entry of summary judgment that favored Wesco Insurance Co. during an insurance dispute. The case has been remanded, with instructions for dismissal due to insufficient personal jurisdiction over the complaint. Law.com reports on this development.
The original plaintiff, D.F. Pray, is a general contractor who was hired to refurbish and mend a 13-floor corporate office stationed at 16 West 39th St. in New York. The entire project was designated a budget of $5.9 Million. For the drywall portion of the assignment, Xtreme Drywall & Acoustics, a New York corporation, was subcontracted for an estimated $265,000.
In a ruling passed by Massachusetts Appeals Associate Justice Peter Sacks, it was stated that Wesco’s interactions with Massachusetts didn’t relate to the claims in question. Consequently, any indirect contact, if present at all, Wesco had with Massachusetts related to Pray’s complaints weren’t enough to satisfy due process. The decision was supported in full by the three-judge panel.