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Court Case Record KATIE GRAF vs. HOSPITALITY MUTUAL INSURANCE COMPANY 2012-J-0397 UID(0f11)


KATIE GRAF vs. HOSPITALITY MUTUAL INSURANCE COMPANY Court Case Record

Court Case Number: 2012-J-0397


 
Case Number2012-J-0397
Case TitleKATIE GRAF vs. HOSPITALITY MUTUAL INSURANCE COMPANY
Case TypeCivil
StateMassachusetts, MA
CountyHampden
CourtHampden Superior Court
Court Address
Phone
Field Date10/22/2012
Close Date10/31/2012

Parties

CounselNameType
Mark J. Albano, EsquireKatie GrafPlaintiff/Respondent
John P. Ryan, EsquireHospitality Mutual Insurance ComDefendant/Petitioner
DOCKET ENTRIES
Entry Date Paper Entry Text
10/22/2012 #1 Petition pursuant to M.G.L. c. 231, § 118 with attachments, filed by Hospitality Mutual Insurance Company.
10/31/2012 #2 ORDER: The defendant has filed a petition pursuant to G. L. c. 231, § 118 (first par.), in which it seeks leave from the single justice to take an interlocutory appeal from an order of a Superior Court judge denying its motion for summary judgment on the grounds that it did not violate G. L. c. 93A, § 9, and G. L. c. 176D, § 3(9)(f), as a matter of law, 1) by failing to tender a settlement offer in a tort action prior to judgment, and 2) by pursuing an appeal after final judgment and before negotiating a settlement of the tort action. Single justice relief should be reserved for truly extraordinary and exceptional cases and provided only in a stinting manner. Edwin R. Sage Co. v. Foley, 12 Mass. App. Ct. 20, 25 (1981). Such exceptional circumstances are not presented here. The defendant has not demonstrated that waiting for appellate review after completion of proceedings in the trial court will permanently affect its substantive rights. Accordingly, the defendant's request that it be granted leave to take an interlocutory appeal is denied. (Sullivan, J.). *Notice/Attest/Velis, J.