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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

710 chars
Tritsch v. Boston Edison Co., 363 Mass. 179 (1973), involved claims against joint tortfeasors. The Supreme Judicial Court held only that a defendant is entitled to present evidence of the amount received by the plaintiff in settlement with another joint tortfeasor on account of the same injury. Tritsch, 363 Mass. at 182. That result follows from the express provisions of . the contribution act, G. L. c. 231B, § 4(a), which mandates the reduction of the plaintiff’s claim against the nonsettling tortfeasor by the amount of the settlement received from the settling tortfeasor. Tritsch is therefore inapplicable to the present case, where the trustees are seeking to recover Wausau’s damages, not their own.