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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rubenstein v. Royal Insurance Co. of America, 45 Mass. App. Ct. 244 (1998)

Citation
Rubenstein v. Royal Insurance Co. of America, 45 Mass. App. Ct. 244 (1998)
Parent Document
Rubenstein v. Royal Insurance Co. of America, 45 Mass. App. Ct. 244 (1998)
Jurisdiction
Massachusetts (state)
Effective Date
1998-07-28

Full Text

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When the trastees sought to exercise this right of contribution by filing a second declaratory judgment action against Royal, a Superior Court judge granted Royal’s motion for summary judgment. He ruled that even if the assignment were valid, the trustees were barred from recovery because it would amount to a double recovery for the same loss and, therefore, violated public policy. The issue, thus framed, is whether, under the assignment agreement, the trustees may recover legal expenses which they did not pay, and if so, whether the assignment of Wausau’s contribution claim is champertous.