MEDICAL PROFESSIONAL MUT. INS. CO. v. BREON LABORATORIES, INC.

Civil Action No. 95-10483-WGY.

966 F.Supp. 120 (1997)

THE MEDICAL PROFESSIONAL MUTUAL INSURANCE COMPANY, the Medical Practice Joint Underwriting Association of Massachusetts and Anthony Simons, M.D., Plaintiffs, v. BREON LABORATORIES, INC. and Sterling Winthrop, Inc., Defendants.

United States District Court, D. Massachusetts.

June 6, 1997.


Attorney(s) appearing for the Case

Edward D. McCarthy, McCarthy, Bouley, Foster & Eldridge, PC, Cambridge, MA, for Plaintiffs.

Peter B. Ellis, Michael Boudett, Foley, Hoag & Eliot, Boston, MA, for Defendants.


MEMORANDUM OF OPINION

YOUNG, District Judge.

There are some who will see in this case a certain poetic justice. Here, the insurance company misreads the plain language of the Massachusetts Contribution Statute, fails in its obligations thereunder, and is thus denied contribution from an alleged joint tortfeasor, all because it did not obtain a proper release. Along the way, it also misses the applicable statutes of limitation.

The Medical...

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