St. Mary's Hall, Inc. v. Gabriella Garcia

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that Appeals Court adopted “all sums” over “pro rata” approach in two cases, but reserving issue for future decision because neither party challenged “all sums” approach
• declining to address the question, but noting that the Massachusetts appellate courts have rejected proration in favor of the “all sums” approach
• laches inapplicable where party invoking doctrine failed to demonstrate that any delay in asserting claim was unjustified or unreasonable and that it had prejudicial effect on party's ability to defend against claim
• “The statutory scheme discloses a primary legislative intent that the Fund serve only claimants of insolvent insurers who have no other source of recovery beyond the Fund”
• \[t]rigger of coverage is a term of art whereby the court describes what must occur during the policy period for potential coverage to commence under the specific terms of an insurance policy\ [internal quotation marks omitted]
• adopting the exposure theory trigger to asbestos-related claims

Source: CourtListener parenthetical corpus (CC0).