Pub. 2 2020 Issue 2

Silver Partner Ally Financial is a leading digital financial services company with one of the largest full-service auto finance operations in the country and a complementary auto-focused insurance business. As a customer- centric company, the auto experts at Ally are relentlessly focused on “Doing it Right” and being a trusted financial-services provider for more than 18,000 dealer customers. For more information contact Richard Brown at 603-315-7947 or richard.brown@ally.com Ally Leading Digital Financial Services Company Gold Partner Together we’re stronger. All your health insurance needs under one roof. With NHADA, your employees have access to competitive, high- quality group insurance products and services through Harvard Pilgrim Health Care for your employees and their families. For information, please contact Laurie Churchill at 800-852-3372 or lchurchill@nhada.com. Harvard Pilgrim Health Care Affordable group health insurance plans to meet your needs entire responsibility to keep its property free from unrea- sonable risks of harm. Specifically, the trial court found that subsection (b) was not applicable because the Contract established Casella did not "completely subsume or sup- plant" DHMC's duty and that Casella was only responsible to apply sand and/or salt to the extent directed by DHMC. The Court explained that it was undisputed that Casella contracted with DHMC to render snowplowing services for specific areas of DHMC's property and in doing so "under[- took] to perform a duty owed by" DHMC to the plaintiff. The Court ruled that there was a genuine issue of material fact precluding summary judgment. The Court pointed to evidence in the record showing that Casella agreed to provide all services in accordance with the Guidelines, which specified that "[s]alting and sanding will be done by DHMC unless assistance is asked and direction given by the DHMC Grounds Supervisor or his designee." Further, the Court referenced testimony from the DHMC employee responsible for overseeing snow removal that at the begin- ning of the winter plowing season, "the ground supervisor [at DHMC] would work with the contractor [Casella] so that they understood what parts they were responsible for sanding and salting," and that during a snowstorm, Casella would automatically sand and salt as part of that job. Whether DHMC directed Casella to apply sand and salt to the parking lot where the plaintiff was injured raised a genuine issue of material fact, necessitating remand. This case serves as a reminder to employers to frequently review and renegotiate the terms of their snow removal contracts to· ensure that the responsibilities of each party and scope of services are clearly defined. Employers should consider consulting with counsel who can assist in structuring their contracts, both as to delineation of the duties of the snow removal contractor, and the interplay of insurance coverage and indemnification rights. The days in which a brief informal contract were sufficient are at an end. Contractors should further assess their equipment and snow removal procedures to ensure that they can adequately perform their outlined duties. ENDORSED PARTNER N E W H A M P S H I R E 9