EXTRA CREDIT

Maxwell v. AIG Domestic Claims, Inc.

460 Mass. 91 (2011)

The following assignment is entirely voluntary.Each question is worth a maximum of 1/2 point for a total of 5 points if you answer all correctly.You can answer some or all of the questions.The points will be added to your final grade.

THIS ASSIGNMENT MUST BE SUBMITTED NO LATER THAN AUGUST 24th AT 5:00 P.M.

1.What is an amicus curiae and who were they in this case?

2.What is the IFB and what was its role in this case?

3.Identify three things AIGDC did to avoid paying worker's compensation benefits to plaintiff.

4.What is the doctrine of present execution and why was it relevant to this case?

5.What were the issues on appeal and what was the Supreme Judicial Court's ruling on those issues?

6.When can an insurer report a suspected to fraud to the IFB and under what circumstances can an insurer be sued for that reporting?

7.Who has the burden of proving that the insurer acted with malice on in bad faith and why is the burden on that party?

8.Why did AIGDC claim that Maxwell's claims were barred by the worker's compensation statute and what response did the appellate court have to that argument?

9.Why did Maxwell plead guilty to criminal charges and why did the court later allow him to withdraw that plea?

10. Generally an appellate court will not hear an interlocutory appeal.Why did it so in this case?