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   State Courts - Massachusetts - April 5, 2006

  
Dworman v. St. Paul Fire & Marine Ins. Co., Docket Number: 02-1213B, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 5, 2006, Filed
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Overview: Insurer two's summary judgment motion was denied as its policy was amended to conform to Mass. Gen. Laws ch. 175, § 113L(5), which prohibited stacking. While both insurers' policies provided UIM coverage, the insured could only recover from the policy providing the highest limits of such coverage, which was insurer two's policy.

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Fray-Witzer v. Metro. Antiques, LLC, Docket Number: 02-5827 BLS1, SUPERIOR COURT OF MASSACHUSETTS, AT SUFFOLK, April 5, 2006, Decided
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Overview: In a class action charging a company with violations of the Telephone Consumer Protection Act, 47 U.S.C.S. § 227, the company's motion for summary judgment was denied because the company was a person under the law which, through its agent, caused the junk facsimiles to be transmitted to recipients in the United States from facilities in Canada.

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O'Brien v. Furlong, Docket Number: 02-1659B, SUPERIOR COURT OF MASSACHUSETTS, AT WORCESTER, April 5, 2006, Filed
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Overview: A trustee's handwritten letters with accompanying documentation (i.e., invoices) on what the trust paid to establish the former property owner's liability for costs incurred after the settlement agreement were sufficient to account for reimbursement monies the owner owed to the trust for the additional costs.

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