Massachusetts Superior Court September 30, 2016, No. 14CV1064H (NES Equipment Services Corp. v. Acadia Insurance)

Curran, Dennis J., J.

Introduction

This case presents an insurance coverage dispute which, reduced to its essence, triggers the question of the allocation of risk of loss in a construction site accident caused by defective rental equipment.

NES, an equipment supply company, leased a “Sky-lift” scissor lift and boom to Shepardville Construction Company for a construction project in Connecticut.