Legal Opinion

Metropolitan Life Insurance v. Cotter

Massachusetts Superior Court

Decided February 7, 2011No. 073764Published

1Opinion of the Court

Billings, Thomas P., J.

This case was tried to me, juiy-waived, over portions of five days: evidence on December 14, 15, 20 and 21, 2010, and closing arguments on January 21, 2011.1 now make the following findings of fact and conclusions of law, and enter the Order for Judgment, below.

FINDINGS OF FACT

Based on the credible evidence and the reasonable inferences therefrom, and applying the appropriate burden of proof (see the “Discussion” section, below), I find the following facts.

1. The plaintiff (“Cotter”), DOB 9/8/57, is presently 53 years of age. He is married and has a teenaged daughter.

2.…

2Cases cited13 opinions

  1. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989
  2. Stop & Shop, Inc. v. GanemMassachusetts Supreme Judicial Court · 1964
  3. Casson v. Nationwide InsuranceSuperior Court of Delaware · 1982
  4. Morinelli v. Provident Life and Accident Ins. Co.Michigan Court of Appeals · 2000
  5. Medical Malpractice Joint Underwriting Ass'n v. GoldbergMassachusetts Supreme Judicial Court · 1997

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