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State Courts -
Massachusetts - April 5, 2006
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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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