Published Caselaw Decisions

Cheung-Truslow & Uehlein, LLC is pleased to include the following published decisions in which our member attorneys participated.

Property and Casualty Insurance Cases

  • The Northern Assurance Company of America v. Payzant, Massachusetts Appeals Court, 2010-P-1469 (failure to cooperate)
  • Allstate Insurance Company v. Keith Michael Stone, D.C.; Clinica Real, LLC et. al., United States District Court for the District of Arizona, 2008 US Dist. LEXIS 27332 (2008) (Federal RICO claim)
  • Walsh Construction v. Hartford Fire Insurance Co., Middlesex Superior Court, CV200 3-4074 and CV200 3-4076 (2007) (coverage terminated pursuant to termination clause in builders risk policy)
  • John Aubuchon vs. National Grange Mutual Insurance Company, 70 Mass. App. Ct. 1102 (2007) (failure to cooperate)
  • Great Northern Storehouse, Inc. v. Peerless Ins. Co., 2000 US Dist. LEXIS 22905 (D. Maine 2000) (arson)
  • Roche v. Provident Life & Accident Insurance Company, 40 Mass. App. Ct. 1103 (1996) (fraud claim)
  • Insurance Co. of North America v. Protection Mutual Ins. Co., 939 F.Supp. 79 (1996) (D. Mass. 1996) (coverage dispute regarding involving the other insurance clause)
  • Quigley v. Bay State Graphics, 427 Mass. 455 (1998) (coverage issue)
  • McMahon v. Digital Equip. Corp., 162 F3d. 28 (1st Cir. 1998) (ERISA benefits)
  • Preferred Mut. Ins. Co. v. Travelers Cos., 127 F3d. 136 (1st Cir. 1997) (subrogation recovery)
  • Federal Deposit Ins. Corp. v. Insurance. Co. of North America., 105 F3d. 778 (1st Cir. 1997) (late notice defense)
  • Roche v. Provident Life & Accident Ins. Co., 40 Mass. App. Ct. 1103 (1996) (total and partial disability)
  • Town of Middleborough v. Middleborough Gas and Elec. Dep’t., 422 Mass. 583 (1996) and Middleborough v. Middleborough Gas and Elec. Dep’t., 47 Mass. App. Ct. (1999) (subrogation under Massachusetts Tort Claims Act)

Workers’ Compensation Subrogation

  • Robert DiCarlo v. Suffolk Construction Co., Inc., 86 Mass. App. Ct. 589 (2014) (This court concluded that a workers’ compensation insurer was not entitled to reimbursement under G. L. c. 152, § 15, of the portions of settlement proceeds allocated for noneconomic damages such as pain and suffering in an employee’s lawsuit against a third-party tortfeasor)

Workers’ Compensation and Second Injury Fund

  • Kieran M. Kelly’s Case, 78 Mass. App. Ct. 907 (2011) (appeal by insurer from a decision of the reviewing board of the Department of Industrial Accidents for reimbursement from the Worker’s Compensation Trust Fund pursuant to G. L. c. 152, § 37)
  • Theresa Morales v. Lutheran Home of Brockton, Commonwealth of Massachusetts, Department of Industrial Accidents, Board No.: 004461-03 (2006) (The administrative judge awarded the insurer second injury fund reimbursement against the Workers’ Compensation Trust Fund (“Trust Fund”) pursuant to G. L. c. 152, § 37, but did not award § 50 interest. Industrial Board concluded that Carmilia was wrongly decided and reversed decision insofar as it failed to award § 50 interest)
  • Carmilia v. General Electric, Commonwealth of Massachusetts, Department of Industrial Accidents, Board No.: 01126799 (2001) (in this case of first impression, the insurer and the Workers’ Compensation Trust Fund (“Trust Fund”) cross-appealed a decision that awarded the insurer reimbursement pursuant to G.L. c. 152, § 37, for benefits paid in a lump sum agreement. The insurer contended that it is entitled to § 50 interest on the award, which was omitted from the order. Industrial Board affirmed the decision in not allowing interest)
  • Lavinio v. Transport Exchange, Commonwealth of Massachusetts, Department of Industrial Accidents, Board No.: 01480999 (2001) (the insurer appeals from a decision of an administrative judge denying its § 37 reimbursement petition against the Workers’ Compensation Trust Fund (“Trust Fund”), on the basis that the underlying claim was settled by way of a § 48 lump sum agreement, prior to an adjudication of § 34A liability or payment of § 34A benefits)
  • Cosgrove v. Penacock Place, Commonwealth of Massachusetts, Department of Industrial Accidents, Board No.: 05742395 (2001) (the insurer’s appeal of an administrative judge’s decision in favor of the Workers’ Compensation Trust Fund brings to the reviewing board an issue of first impression arising out of the 1991 amendment of G.L. c. 152, § 37, which narrows Second Injury Fund reimbursement by eliminating it for temporary incapacity benefits paid under §§ 34 and 35 of the Act. The Industrial Board agreed with the insurer that its right to § 37 reimbursement is not contingent on actual prior payment of weekly § 34A benefits)
  • Aetna Life & Casualty Insurance Company vs. Commonwealth, 50 Mass. App. Ct. 373 (2000) (appeal by insurer involving “second injury claims”)
  • John P. McCafferty’s Case, 424 Mass. 325 (1997) (pursuant to G. L. c. 152, § 37, a trust fund (created by G. L. c. 152, § 65 (the issue in this case is whether the insurer is entitled to reimbursement from the trust fund for seventy-five per cent of the attorney’s fees that it paid to the employee’s attorney. An administrative judge in the department denied Aetna’s petition for reimbursement with respect to attorney’s fees and, on appeal to the reviewing board, that decision was affirmed. Aetna then appealed to the Appeals Court. The Appeals Court affirmed the decision of the reviewing board)
  • Shelby Mutual Insurance Company v. Commonwealth, 36 Mass. App. Ct. 317 (1994) (appeal by insurers involving so-called “second injury claims”)
  • Ann Marie Robinson’s Case, 416 Mass. 454 (1993) (appeal by an insurer from a decision of a reviewing board affirming a report of an administrative judge awarding compensation under G. L. c. 152, § 34, to an employee who had sought recovery for an emotional disability)
  • Richard Borofsky’s Case, 411 Mass. 379 (1991) (the narrow issue raised in the appeal is whether the value of employer-paid health insurance benefits constitutes earnings of the employee for the purpose of computing his average weekly wage under G. L. c. 152 (1990 ed.), the workers’ compensation law)