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THE MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF MASSACHUSETTS v. GOLDBERG

425 Mass. 46 (1997)

THE MEDICAL MALPRACTICE JOINT UNDERWRITING ASSOCIATION OF MASSACHUSETTS v. HAROLD L. GOLDBERG & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 19, 1997.

Attorney(s) appearing for the Case

Steven L. Schreckinger (Zick Rubin with him) for the plaintiff.

Edward J. Barshak (Keith S. Brown with him) for Harold L. Goldberg.

Alan J. Cooke for the Massachusetts Insurers Insolvency Fund.

Present: O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

MARSHALL, J.

The Medical Malpractice Joint Underwriting Association of Massachusetts (JUA) seeks reimbursement from a policyholder, psychiatrist Harold L. Goldberg, for the amount that JUA paid to Jessie Witherspoon, a former patient of Goldberg, to settle a judgment she obtained against him.2 The trial judge concluded that JUA had breached its duty to defend Goldberg in the Witherspoon action. He further concluded that JUA was precluded...

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