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AETNA CASUALTY & SURETY CO. v. FENNESSEY

No. 93-P-1142.

37 Mass. App. Ct. 668 (1994)

642 N.E.2d 1050

AETNA CASUALTY & SURETY COMPANY vs. MICHAEL FENNESSEY & another.

Appeals Court of Massachusetts, Norfolk.

November 23, 1994.

Attorney(s) appearing for the Case

Arlene S. LaPenta for the defendants.

Beth R. Levenson for the plaintiff.

Present: DREBEN, GREENBERG, & LAURENCE, JJ.

GREENBERG, J.

On June 9, 1987, the defendants, Michael Fenessey and Andrea Finn, were involved in an automobile accident with an insured of Aetna Casualty & Surety Company (Aetna). Both of them retained Seymour Goldwyn as their attorney, and each entered into a contingency fee agreement with him.

After investigation and negotiation, Goldwyn accepted from Aetna a settlement offer for each of the defendants...

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