Legal Opinion

McLaughlin v. Berkshire Life Insurance Co. of America

Massachusetts Appeals Court

Decided August 23, 2012No. 11-P-929PublishedCited by 3 opinions

1Opinion of the CourtKatzmann, J.

This case raises a question about coverage under a disability insurance policy during a fourteen-month period for which the plaintiff claimed total disability from his chiropractic practice while continuing to work part time as a nurse. The plaintiff appeals from a Superior Court summary judgment entered for the defendant insurer on all claims. We conclude that the summary judgment for the defendant must be vacated (except for one particular), that partial summary judgment must be granted for *352the plaintiff, and that we must remand for further proceedings on certain claims.

Background. We…

2Cases cited16 opinions

  1. Adamaitis v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1936
  2. Boston Gas Co. v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 2009
  3. Metropolitan Property & Casualty Insurance Co. v. MorrisonMassachusetts Supreme Judicial Court · 2011
  4. Everson v. General Accident, Fire & Life Assurance Corp.Massachusetts Supreme Judicial Court · 1909
  5. Slater v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1980

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3Cited by3 opinions

  1. Welch v. BarachMassachusetts Appeals Court · 2013
  2. Kewley v. Department of Elementary and Secondary EducationMassachusetts Appeals Court · 2014
  3. Certain Interested Underwriters at Lloyds v. LeMonsMassachusetts Appeals Court · 2014

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