Raymond Ausrotas Quoted in Mass. Lawyers Weekly Article on SJC Decision


Raymond P. Ausrotas was recently quoted in a Massachusetts Lawyers Weekly article about a decision of the Supreme Judicial Court of Massachusetts, Passatempo, et al. v. McMenimen, et al. A part of that decision concerned a Massachusetts statute of repose, which requires claims against insurers that are seeking rescission of life insurance policies to be brought within two years from issuance. The decision found that this statute does not prohibit other common law claims from being brought under the longer time standards of their applicable statutes of limitation.

Mr. Ausrotas provided analysis to the discussion of the Court’s ruling. He stated: “It may be that, prior to this decision, insurers could try to argue that the statute prevented any claim [including for fraud] being brought longer than two years after issuance of a life insurance policy, and that the sole remedy for a breach was rescission of the contract,” said Ausrotas, who was not involved in the case. “That is certainly no longer the law.”

The cite for the article is 40 MLW No. 24, at 953, 979 (January 30, 2012).