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March 2014 Archives

Choosing the right law when Multiple Jurisdictions Involved

I recently settled a wrongful death action involving an elderly woman who was a passenger in a single-car accident occurring in Massachusetts.  The tortfeasor/driver had a small bodily injury insurance policy, thereby making it critical to maximize the recovery from decedent's own underinsurance policy.  The complication, however, was that the vehicle upon which the underinsurance policy was based was registered and garaged in New Hampshire;  in addition, the underinsurance policy itself required that the New Hampshire rules of civil procedure apply.  Finally, decedent herself was a New Hampshire resident.

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