In what can only be described as a major victory for insurers, the Massachusetts Supreme Judicial Court (“SJC”) ' the state's highest court ' responded to certified questions from the United States Court of Appeals for the First Circuit by rejecting a joint and several (also known as “all sums”) approach to liability allocation for progressive injuries, and instead adopting a pro rata method of liability allocation.
Massachusetts Court Adopts Pro Rata Liability Allocation
In what can only be described as a major victory for insurers, the Massachusetts Supreme Judicial Court ' the state's highest court ' responded to certified questions from the United States Court of Appeals for the First Circuit by rejecting a joint and several (also known as "all sums") approach to liability allocation for progressive injuries, and instead adopting a <i>pro rata</i> method of liability allocation.
By
Law.com Staff
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