Morrison Mahoney Partner Robert M. Mack and Associate Denise M. Tremblay recently prevailed before the Massachusetts Court of Appeals. The Appeals Court affirmed an order denying plaintiff’s Rule 60(b)(6) motion for relief from judgment in favor of our client, an insurer, on a breach of contract claim.
In 2012, the Appeals Court affirmed summary judgment in favor of our client on a claim that the insurer failed to inspect a pressure vessel in New Jersey which exploded, resulting in one fatality, numerous personal injuries, and property damage. In 2013, a superior court in New Jersey applied a different section of the New Jersey Boiler Code and found that our client had a duty to inspect the vessel. Our client settled the New Jersey case (which was pending appeal) in March 2015.
In June 2015, the plaintiff filed a motion for relief from judgment based on the New Jersey decision. The Appeals Court found that the plaintiff’s motion was not filed within a “reasonable time” and did not concern “extraordinary circumstances.”