Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Citation
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Parent Document
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Jurisdiction
- Massachusetts (state)
- Effective Date
- 2019-02-13
Other Sections in This Document (11)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
- Egleston Physical Therapy, Inc. v. Progressive Direct Ins. Co., 123 N.E.3d 801 (2019)
Full Text
955 charsEgleston contends, however, that the evidence was insufficient to establish that Gelibert had notice of the scheduled EUOs since the notices went to Malloy and not to Gelibert. Recognizing that notice to Gelibert's attorney was notice to her, see Flynn v. Wallace, 359 Mass 711, 717 (1971), Egleston further contends that Molloy's letter of representation was hearsay and therefore insufficient to establish that Molloy was, in fact, Gelibert's attorney. Contrary to Egleston's claim, Molloy's letter of representation was properly admitted in evidence under the business records exception to the hearsay rule. See Beal Bank, SSB v. Eurich, 444 Mass. 813, 815 (2005) ("a document is admissible as a business record if ... it was (1) made in good faith; (2) made in the regular course of business; (3) made before the action began; and (4) the regular course of business to make the record at or about the time of the transaction or occurrences recorded").