Legal Opinion
Massachusetts Property Insurance Underwriting Ass'n v. Gallagher
Massachusetts Appeals Court
Decided August 24, 2009No. 08-P-1301PublishedCited by 7 opinions
1Opinion of the CourtGreen, J.
On April 6, 2001, eighteen year old Stephen Mc-Master died in an apparent suicide, after ingesting an overdose of propoxyphene. His mother, the defendant Nichole Gallagher, brought an action on behalf of his estate against the defendant *59John Scaduto, claiming that Scaduto had negligently left pro-poxyphene (which Scaduto had purchased pursuant to a physician’s prescription) in a place within his home accessible to Mc-Master, despite knowing of McMaster’s fragile emotional state.3 At the time of McMaster’s death, Scaduto had in force a homeowner’s policy from the plaintiff insurer. Following…
2Cases cited9 opinions
- Continental Casualty Co. v. Gilbane Building Co.Massachusetts Supreme Judicial Court · 1984
- Bagley v. Monticello InsuranceMassachusetts Supreme Judicial Court · 1999
- Ruggerio Ambulance Service, Inc. v. National Grange Mutual InsuranceMassachusetts Supreme Judicial Court · 2000
- Finn v. National Union Fire Insurance Co. of PittsburghMassachusetts Supreme Judicial Court · 2008
- Monticello Insurance v. DionMassachusetts Appeals Court · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Forman v. PennIndiana Court of Appeals · 2011
- Skolnik v. Allied Property & Casualty Insurance Co.Appellate Court of Illinois · 2015
- Skolnik v. Allied Property & Casualty Insurance Co.Appellate Court of Illinois · 2016
- Cable Mills v. Coakley Pierpan Dolan & Collins Insurance AgencyMassachusetts Appeals Court · 2012
- Quincy Mutual Fire Insurance v. CrispoMassachusetts Appeals Court · 2011
2 more not listed; retrieve them via the Exa API.