Legal Opinion

Medical Malpractice Joint Underwriting Ass'n v. Goldberg

Massachusetts Supreme Judicial Court

Decided May 19, 1997PublishedCited by 26 opinions

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

  1. Polaroid Corp. v. the Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1993
  2. Johansen v. California State Automobile Ass'n Inter-Insurance BureauCalifornia Supreme Court · 1975
  3. Liquor Liability Joint Underwriting Ass'n v. Hermitage InsuranceMassachusetts Supreme Judicial Court · 1995
  4. Poznik v. Massachusetts Medical Professional Ins. Ass'nMassachusetts Supreme Judicial Court · 1994
  5. Val's Painting & Drywall, Inc. v. Allstate InsuranceCalifornia Court of Appeal · 1975

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3Cited by26 opinions

  1. American & Foreign Insurance v. Jerry's Sport Center, Inc.Supreme Court of Pennsylvania · 2010
  2. Texas Ass'n of Counties County Government Risk Management Pool v. Matagorda CountyTexas Supreme Court · 2001
  3. Metropolitan Life Insurance v. CotterMassachusetts Supreme Judicial Court · 2013
  4. Travelers Property Casualty Co. of America v. Hillerich & Bradsby Co.Court of Appeals for the Sixth Circuit · 2010
  5. Blue Ridge Insurance v. JacobsenCalifornia Supreme Court · 2001

21 more not listed; retrieve them via the Exa API.

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