Legal Opinion

MUTUAL INS. CO., LTD. v. Murphy

District Court, D. Massachusetts

Decided July 2, 2009No. Civil 07-11532-PBSPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Former state court Judge Ernest B. Murphy alleges that Mutual Insurance Company, Limited (“Mutual”) engaged in unfair and deceptive acts in violation of Massachusetts law when it failed to make a prompt offer of settlement to him. Mutual moves for summary judgment on the ground that it owed no duty to effectuate a settlement pursuant to Mass Gen. Laws chs. 176D and 93A because Mutual did not control either the defense or settlement of the claim. Mutual moves for summary judgment on Count I of its complaint seeking a Declaratory Judgment…

2Cases cited20 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
  4. Barbour v. Dynamics Research Corp.Court of Appeals for the First Circuit · 1995
  5. Ralph Rogers v. Michael FairCourt of Appeals for the First Circuit · 1990

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3Cited by4 opinions

  1. MBIA Inc. v. Federal InsuranceCourt of Appeals for the Second Circuit · 2011
  2. RLI Insurance v. KlonskyDistrict Court, D. Vermont · 2011
  3. Costa v. Zurich American Insurance CompanyDistrict Court, D. Massachusetts · 2024
  4. RVC Floor Decor, Ltd. v. Floor & Decor Holdings, Inc.District Court, E.D. New York · 2023

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