Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)

Citation: Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Parent Document: Merchants Mutual Ins. v. Face Place, Inc., 20 Mass. L. Rptr. 511 (2006)
Jurisdiction: Massachusetts (state)
Effective Date: 2006-02-10
Original Source: https://www.courtlistener.com/opinion/8356068/merchants-mutual-ins-v-face-place-inc/ ↗

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Ao answer this question, “the courts of this Commonwealth have focused their inquiry on whether the acts alleged to have caused injury were performed with respect to ‘improvement to real estate.’ ” Dighton, 399 Mass. at 695. To do this, the courts have used the definition of improvement found in Webster’s dictionary. Id. at 697. Improvement means “a permanent addition to or betterment of real property that enhances its capital value and that involves the expenditure of labor or money and is designed to make the property more useful or valuable as distinguished from ordinary repairs.” Conley v. Scott Products, Inc., 401 Mass. 645, 647 (1988). The court notes, however, that the definition of improvement is not useful in determining which actors were “intended to be comprehended by §2B.” Dighton, 399 Mass. at 697.

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