Legal Opinion

Biochemics, Inc. v. Axis Reinsurance Co.

District Court, D. Massachusetts

Decided September 28, 2017No. CIVIL ACTION NO. 13-10691-RWZPublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM OF DECISION

ZOBEL, S.D.J.

In 2011, the Securities and Exchange Commission (“SEC”) issued a formal order directing an investigation of plaintiffs Bio-Chemics, Inc. (“BioChemics”), and its founder John Masiz. BioChemics made a claim under its directors and officers (“D & 0”) liability insurance policy for defense costs arising out of the SEC investigation and resulting enforcement action. After their D & 0 carrier, AXIS Reinsurance Company (“AXIS”), denied that claim, plaintiffs brought this suit.

I allowed AXIS’s motion for summary judgment, see Docket # 88, at 5-6. Plaintiffs seek…

2Cases cited17 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Tolan v. CottonSupreme Court of the United States · 2014
  3. PMP Associates, Inc. v. Globe Newspaper Co.Massachusetts Supreme Judicial Court · 1975
  4. prod.liab.rep. (Cch) P 13,686 Mary Hayes, Administrator of the Estate of Robert Hayes, Jr., and Eric Hayes v. Douglas Dynamics, Inc.Court of Appeals for the First Circuit · 1993
  5. Jupin v. KaskMassachusetts Supreme Judicial Court · 2006

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3Cited by1 opinion

  1. Egan, Flanagan and Cohen, P.C. v. Twin City Fire Insurance CompanyDistrict Court, D. Massachusetts · 2021

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