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A Massachusetts court recently held that an automobile insurance company had not engaged in unfair claim settlement practices, in violation of state law, when it conditioned a payment of its policy limit on a release of all claims against its insureds. Following a one-vehicle accident in Swampscott, an injured passenger brought negligence claims against the driver and...

In an appeal involving an employer’s duty to safeguard confidential information, the Massachusetts Court of Appeal held that a lower court’s grant of summary judgment in favor of an automobile insurance company should be vacated.  The lower court had found that the plaintiff had not met his duty of showing the company’s negligence in safeguarding his confidential...

In a personal injury lawsuit following a car accident, the issue of liability, or legal fault, was conceded. This means that the defendants admitted they were at fault, and the issue before the jury was the amount of damages to award the injured victim.  The procedural issues in this case reflect the importance of medical records and...

Recently, a Massachusetts appeals court affirmed a judgment in favor of an insurance company in a civil action for damages following a motor vehicle accident.  Following an accident, automobile insurance companies may pay damages to an injured individual after a determination that their insured was legally at fault for a collision. In this lawsuit, the plaintiff received a...

An appeal before the Massachusetts Supreme Judicial Court addressed the measure of punitive damages to be awarded to a motor vehicle accident victim and his family.  Insurance companies that delay payment, after liability has been demonstrated in a car accident claim, may be assessed additional damages for their conduct. The issue in this case centered on how...

The Massachusetts Court of Appeal upheld a lower court’s judgment in a personal injury lawsuit brought by a pedestrian injured by a truck driver who struck her in the evening, while she was crossing the street in a marked crosswalk.  The issue before the trial court had been the relative fault of the two parties, since eyewitness...

A ruling in Suffolk Superior Court on a slip and fall case, Rivera v. Demoulas Super Markets, Inc., has set precedent that provides additional protection for those whose injuries have been caught on camera.  In today’s economy, many retail stores use video surveillance to monitor theft and keep a close eye on employees. An extra benefit from...

Former NHL Hockey league players have filed a consolidated class-action lawsuit in Federal Court over concussion related health injuries.  The Lawsuit was filed in October of 2014 in the state of Minnesota.  Six former players are serving as the class action representatives. The complaint is seeking an unspecified amount of damages as well as funding...

In a recent decision by the Middlesex Superior court of Massachusetts, a Judge found an insurance company violated the law and failed to effectuate a prompt settlement of a pedestrian bus accident case and ultimately awarded over $7,000,000.00 in damages to the plaintiff.  The case involved a plaintiff who was crossing the street in a...

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