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FLEMING v. NATIONAL UNION FIRE INSURANCE COMPANY

445 Mass. 381 (2005)

JOHN FLEMING & others v. NATIONAL UNION FIRE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

November 23, 2005.

Attorney(s) appearing for the Case

Timothy Wilton for the plaintiffs.

Myles W. McDonough for the defendants.

Present: Marshall, C.J., Greaney, Ireland, Spina, Cowin, Sosman, & Cordy, JJ.

SPINA, J.

The plaintiffs, three workers on the Central Artery/ Harbor Tunnel construction project (Big Dig), were injured during the course of their employment and were paid benefits under the Workers' Compensation Act (Act), G. L. c. 152, by their workers' compensation insurer, National Union Fire Insurance Company, and its claims processing company, AIG Claim Services, Inc. (collectively, the defendants). On January 9, 2004,

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