Liquor Liability Joint Underwriting Ass'n v. Great American Insurance

Introduction

These consolidated cases were brought in response to a default judgment for $2.1 million entered on February 22, 1996 in the Plymouth Superior Court against Freedom Tercentennial Trust d/b/a/ Bert’s Restaurant (“Trust”)1 in a suit (“Silva action”) brought by Eleanor Silva, administratrix of the estate of John Silva (“Estate”). In Civil Action No. 96-3127, the Liquor Liability Joint Underwriting Association of Massachusetts (“LLJUA”) brought an action seeking a declaratory judgment that it is not obligated to pay the default judgment entered against the Trust, its insured. In Civil…