Medical Malpractice Joint Underwriting Ass'n v. Goldberg
Massachusetts Supreme Judicial Court
1Opinion of the CourtMarshall, J.
The Medical Malpractice Joint Underwriting Association of Massachusetts (JUA) seeks reimbursement from a policyholder, psychiatrist Harold L. Goldberg, for the amount that JUA paid to Jessie Witherspoon, a former patient of Goldberg, to settle a judgment she obtained against him.2 The trial judge concluded that JUA had breached its duty to defend Goldberg in the Witherspoon action. He further concluded that JUA was precluded from reimbursement because Goldberg had not authorized the settlement with Witherspoon and because, he found, JUA had reached a settlement with Witherspoon to protect its…
2Cases cited16 opinions
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- Poznik v. Massachusetts Medical Professional Ins. Ass'nMassachusetts Supreme Judicial Court · 1994
- Val's Painting & Drywall, Inc. v. Allstate InsuranceCalifornia Court of Appeal · 1975
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