National Union Fire Insurance v. Greenberg

Greenberg, the defendant, appeals from a summary judgment entered against him under Mass.R.Civ.P. 56, 365 Mass. 824 (1974). The affidavit in support of the plaintiffs motion for summary judgment and the defendant’s counter affidavit raise a genuine and material issue of fact: whether the defendant, a lawyer, had notice, when he received settlement proceeds on behalf of a client whom he represented in a motor vehicle tort action, of the plaintiff National Union Fire Insurance Company’s subrogation rights to the property damage component of the aggregate settlement proceeds. Whether Greenberg…