Motion,Ex Parte: Carreiro, John et al vs. Mendonca, John

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LO.

COMMONWEALTH OF MASSACHUSETTS
BRISTOL, ss.
SUPERIOR COURT DEPARTMENT
CIVIL ACTION NO.:
1773CV00966

JOHN CARREIRO, and
SHERRIE CARREIRO,
Plaintiffs

BRISTOL SS SUPE
RIOR C
v. FILED OURT

JOHN MENDONCA,

OcT
Defendant. 8 2020

MARC J SANTOS. Esq.

CLERK/MAGIST!
And RATE

ACE AMERICAN INS. COMPANY,
Intervener

INTERVENER’ S UNOPPOSED MOTION TO AMEND AND CLARIFY
JOINT PETITION FOR APPROVAL OF THIRD-PARTY SETTLEMENT (M.G.L.
CHAPTER 152, § 15 AND M.G.L. CHAPTER 231, § 14C 1/2)

NOW comes the Intervener, ACE American Insurance Company,
in the above captioned case and does respectfully request that
this Honorable Court allow the parties to amend and clarify the
Joint Petition for Approval of Third-Party Settlement to clarify
the Payee and the obligations of the third-party insurer with
respect to the workers’ compensation insurer. As reasons

_ therefore, the parties do state and avow:

1.The parties appeared before this Honorable Court on

09/17/19. At that time, a Joint Petition for Approval ofThird-Party Settlement was presented and approved by the

Court.

The plaintiffs have received their portion, all of
Reliability Settlement. This payee remains unaffected by
the proposed changes to the Joint Petition for Approval of
Third-Party Settlement. The only substantive change to the
Petition is clarification of the payee under the terms of

the Joint Petition.

. The original Joint Petition for Approval of Third-Party

Settlement identified the Intervener as the insurer, ACE
American Insurance Company/INA. The proper insurer in this

case was ACE American Insurance Company.

- The Intervener in this case was Ace American Insurance

Company, not Ace American Insurance Company/INA.

. The Workers’ Compensation Insurer has not been paid in this

instance. The original Joint Petition for Approval of
Third-Party Settlement directed the third-party insurer to
pay the ACE American Insurance Company/INA. This was a

scrivener’s error.

. The proper payee in this case is Allied Waste Management

Services, LLC. As detailed in the amended and clarified
Section 15 Petition, Allied Waste Services of
Massachusetts, LLC has a three million-dollar

($3,000,000.00) deductible. All payments made in this case
were made by Allied Waste Services of Massachusetts, LLC.
Therefore, the correct payee in this matter is Allied Waste

Services of Massachusetts, LLC, the insured, pursuant tothe policy of insurance issued by Ace American Insurance

Company.

7.In order to clarify the payee and ensure payment of the
monies due to the workers’ compensation insurer, the
parties do request the Court approve the amended and

clarified Section 15 Petition.

For all these and other valid reasons, the parties request

that the Court approve the amended Section 15 Petition.

For the Intervener,
ACE American Insurance Company,

Beas a

W. Todé_Huste
(BBO# 567267)
Moriarty & Associates, P.C.
33 Waldo Street, Ste. 3R
Worcester, MA 01608

(508) 791-9047 .
thuston@huston-law.com

    

10/06/20