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MA H2138

MA H2138
Relative to discretion to the allocation of certain settlement proceeds


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

187th General Court

Bill Summary

Relative to the allocation of certain settlement proceeds by the Superior Court. The Judiciary.

AI Summary

This bill proposes to amend Section 34M of Chapter 90 of the General Laws, which deals with motor vehicle insurance. Specifically, it allows the court to award costs and reasonable attorney's fees to a plaintiff even if the insurance company pays the full amount owed after a lawsuit has begun but before a judgment is reached; however, these costs and fees will only cover the period up to the point of payment. Additionally, the bill mandates that interest, calculated from the start of the lawsuit, will be applied to all amounts determined to be due and payable in such cases, at the same rate as interest for breach of contract actions in the Commonwealth. This provides a mechanism for plaintiffs to recover expenses incurred in pursuing a claim, even if the insurer settles before a final court decision.

Committee Categories

Justice

Sponsors (1)

Last Action

Accompanied a study order, see H4364 (on 07/31/2012)

bill text


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