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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

584 chars
Second, allowing the assignment to the trustees in this case promotes the equitable sharing of damages. See McGrath v. Stanley, 397 Mass. 775, 781 (1986) (purpose of G. L. c. 231 is to achieve a more equitable distribution of the plaintiffs damages among those jointly liable). The same might be said of the contribution claim in the present case: requiring Royal to pay its pro rata share of the defense costs advanced by Wausau will deter insurers from stonewalling their defense obligations while other insurers are forced to shoulder more than their share involving the same risk.