Archive for Practice and Procedure Category
Posted In: Practice and Procedure
Plaintiff’s “Reptile Theory” Closing was Improper
But Appeals Court Vacates Order For New Trial And Remands, Concluding That The Trial Judge Applied the Wrong Standard In Allowing A Motion for Mistrial. This blog entry takes a…
Posted In: Policy Construction, Practice and Procedure
Can an Insurer Make a Payment But Then Seek Reimbursement from its Insured?
In Massachusetts, the answer would appear to be “no.” In the recent Metropolitan Life Ins. Co. v. Cotter, the SJC held against an insurer seeking reimbursement for benefits it had…
Posted In: Practice and Procedure
Website Launched for Those Who “CARe”
As we previously blogged, the 2012 Massachusetts Payment Reform legislation aims to encourage apologies and expressions of sympathy by healthcare providers by making such statements inadmissible (subject to some exceptions)…
Posted In: Practice and Procedure
First Circuit Frowns on Affidavit Obtained From Claimant by Insured as Part of Settlement, Holds Coverage for Settlement Is Issue for Trial
In another win for Anderson & Kreiger, the First Circuit vacated the District Court’s summary judgment that a corporate insured’s settlement of an employee’s sexual harassment claim was covered under…
Posted In: Practice and Procedure
Pring-Wilson Redux: Insurance Coverage Shapes Litigation Strategies
The 2003 fatal altercation between Harvard graduate student Alexander Pring-Wilson and restaurant cook Michael Colono and the resulting criminal prosecution of Pring-Wilson received extensive media coverage. One aspect of the…
Posted In: Practice and Procedure
Insurers May Have a Harder Time Moving Bad Faith Cases to the Business Law Section
Insurers sued in Massachusetts on coverage and bad faith issues often want to move the case to the Business Law Section (“BLS”) of the Suffolk Superior Court. Those requests appear…