The Massachusetts Supreme Judicial Court has ruled that attorney's fees from a consumer protection lawsuit are not covered as part of bodily injury damages under a business liability policy, reversing a lower court that had found they were covered. The case is VT. Mut. Ins. Co. v. Poirier, 490 Mass. 161 (2022).

The Poiriers operated a cleaning business, Servpro, insured with a policy including a "Businessowners Liability Coverage Form" by Vermont Mutual, effective from December 17, 1998 – December 17, 2001. According to the policy, Vermont Mutual agreed to "pay those sums that the insured becomes legally obligated to pay as damages because of 'bodily injury,' 'property damage,' 'personal injury' or 'advertising injury' to which this insurance applies." The policy also provides the insurer the "right and duty to defend the insured against any 'suit' seeking those damages." The policy continues by stating that "[n]o other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under the Supplementary Payments section.

During the policy term, Douglas and Phyllis Maston hired Servpro to clean up a sewage spill in their basement. Servpro workers removed contaminated materials, cleaned the basement, and applied disinfectants. The workers warned Phyllis to stay out of the basement while they applied the products, but failed to warn her that being in the basement could be dangerous until the disinfectant dried. Over the next few days following the application of the disinfectants, Phyllis continued cleaning the basement. Soon after, she developed ongoing respiratory problems, which her doctors determined was caused by exposure to chemicals that were used in Servpro's cleaning products.