Insurance Companies - Marcotte Law Firm

MARCOTTE LAW FIRM’s MICHAEL MOLLOY TEMPORARILY SWAPS THE COURTROOM FOR THE STAGE

Marcotte Law Firm LLC — Wed, 13 May 2026 19:26:14 GMT

Joins Improv Asylum Boston to “Whoop It Up for Women!”

Annual Women’s Bar Foundation (WBF) Fundraiser Raises Money to Support Domestic Violence Survivors and Elders Across Massachusetts

Lowell, Mass. (May 15, 2026) — Michael D. Molloy, the managing member of Marcotte Law Firm, LLC, was selected by the Women’s Bar Foundation (WBF) to appear as a guest performer at the organization’s annual fundraiser, Whoop It Up for Women! 2026. Proceeds from the signature event fund legal assistance to low-income individuals across the Commonwealth. Boston notables, including Governor Maura Healey and Mayor Michelle Wu, as well as celebrities Fran Drescher and Kim Miles, have previously attended.

Heralded as “the funniest show you’ll ever be a part of,” entertainment for the evening will be helmed by Improv Asylum, Boston’s premier live comedy improv troupe. Organizers further flipped the script this year, adding a short list of local attorneys to serve as improv comedians. Michael Molloy (Marcotte Law Firm) and three members from Wolf Greenfield – Cara Dawson, Francesca Householder, and Caitlin Schneider – will join Improv Asylum for one night only, to augment the troupe’s quick-witted, interactive, laugh-out-loud performance, with their own brand of comedic prowess.

“Being asked to perform at an event like this may be daunting to some, but I couldn’t be more excited to join the improv cast,” shared Molloy. “I’m honored to participate in an event that raises funds and awareness for the critical work done by my law colleagues and members of both the Women’s Bar Association and the Women’s Bar Foundation. I plan to bring my comedic A-game.”

Whoop It Up for Women! features a cocktail reception, a 50/50 raffle, and a live auction, the proceeds of which will provide free legal assistance to domestic abuse survivors, low-income elders, and incarcerated women. Main support programs include the Family Law Project for Domestic Abuse Survivors, Elder Law Project, and the Women’s Prison & Re-Entry Project/Clemency Project.

Whoop It Up for Women! will be held at the Boston Harbor Hotel (70 Rowes Wharf, Boston) on Thursday, May 28, 2026, from 6:00 – 9:00 p.m. To become an event sponsor or to purchase tickets, visit www.wbfcomedy.org.

Marcotte Law Firm, LLC was established in 1964 by the late Albert J. Marcotte (1930-2020). For more than six decades, the firm has provided trusted, client-centered legal advocacy to individuals and families across Northern Massachusetts and Southern New Hampshire. Now led by Marcotte’s grandson, Michael Molloy, Esq., the multi-generational firm offers more than 150 years of combined legal experience in personal injury and workers’ compensation matters. Marcotte Law Firm has earned distinction for its highly personalized and detail-oriented approach, and member attorneys have been consistently recognized by SuperLawyers® and Martindale-Hubbell for legal excellence. More information about the firm, practice areas, and member attorneys can be found at: marcottelawfirm.com.

Media contact: Wendy Agudelo; Image Professors, Inc. ; wendy@imageprofessors.com

May 15, 2026

What Happens in a No-Fault Car Accident?

Marcotte Law Firm LLC — Mon, 28 Feb 2022 19:18:18 GMT

It is an unfortunate truth that car accidents are a common occurrence in this country. When more than one vehicle is involved, establishing fault is crucial to an insurance claim, as well as any potential lawsuit. This makes sense; if it is your fault, you or your insurance company should bear the brunt of any incurred expenses by the other party. However, a minority number of states are what is known as “no-fault states,” and Massachusetts is one of them. So what does this mean? Let’s begin with what it does not mean. Being in a “no-fault” state does not mean you can run a red light, crash into someone’s car, and not be responsible. When a car accident occurs, someone is still “at fault.” Rather, the primary difference between fault and no-fault states involves car insurance requirements. No-Fault states provide certain types of insurance to people in almost ayn type of accident, no matter whose fault it was. As you are likely aware, Massachusetts requires every registered car to purchase insurance in four (4) parts.

Bodily Injury to Others: Provides limited coverage for you when other people are injured in an accident. This is very limited coverage and does not cover many types of accidents and injuries. Coverage is also limited to $20,000 per person and $40,000 per accident. You cannot purchase higher limits.
Bodily Injury Caused by an Uninsured Car: Provides coverage if you’re injured by a car that does not have insurance. This can also cover hit & run accidents.
Property Damage: Pays up to $5,000.00 of coverage for any damage you cause to someone else’s car or property. You are allowed to purchase higher limits.
Personal Injury Protection: Pays up to $8,000 for the medical expenses or lost wages of anyone injured while in your car. It will also pay for any pedestiran or bicyclist struck by your car, as well as for injuries you receive when involved in a car that does not have PIP Coverage.

There are additional supplemental coverages that are not required, but are recommended. Please refer to our prior post for a more in depth discussion. However, one optional coverage that is pertinent is for Med Pay coverage. This is similar to Personal Injury Protection coverage in that it will pay for certain medical expenses, regardless of whose fault a car accident is. Where the “no-fault” differs from the “fault” is in Personal Injury Protection insurance (item #4 above and hereinafter, “PIP”), and Med Pay coverage. No-fault states require you to purchase PIP in addition to basic liability insurance. PIP typically pays for your medical expenses and lost wages regardless of who caused the accident. This is where the “no-fault” term comes in. Even if you are at fault for the accident, PIP will cover the expenses. The goal of no-fault insurance is twofold: 1) save time and money and 2) to reduce the likelihood of a lawsuit. Insurance companies will drag their feet and paying claims and lawsuits can take time to resolve. In no-fault states, PIP pays out right away, regardless of fault. As you may have guessed, if people get paid for their expenses right away, the need for a lawsuit may be reduced. However, this does not preclude you from filing a lawsuit if the circumstances warrant it. In order to succeed in a lawsuit, you need to establish the other driver was negligent. You will also need to have at least $2,000.00 in medical bills to pursue a claim for pain and suffering. Further, as our ardent readers are aware, Massachusetts is a comparative negligence state, which means your fault in the collision will be weighed and may offset any potential payout. As always, it is a good idea to speak with an experienced attorney who can help you develop your claim and advice you on the best coursing moving forward.

If you or a loved one has been injued in a car accident and has questions about the various types of No Fault Insurance that are available, call the experienced car accident lawyers at Marcotte Law Firm for a free, no obligation consultation.

Snow and Ice Injuries

Marcotte Law Firm LLC — Mon, 22 Feb 2021 21:05:32 GMT

In Part 1, we discussed the duty owed by property owners in terms of snow and ice removal. In this post, we will discuss what happens if you are injured after slipping on ice or snow. It is important to know what steps are available to you and what, if any, fault you may have in the matter. As noted in the previous post, it used to be much harder to recover damages from a slip and fall caused by snow and ice. A 2010 Supreme Judicial Court (“SJC”) case (Papadopoulos v. Target Corp) overturned an over-a-century-old law regarding the accumulation of snow. The duty placed on property owners was raised and it became easier to prove negligence. However, just because it became “easier,” does not mean collecting damages will be easy. There are still multiple factors at play. All slip and fall cases fall under a class of personal injury claims requiring you to prove negligence. You must establish a duty, a failure to meet that duty, injuries, and that the breach of duty caused those injuries. In a case of snow and ice-induced slip and fall case, the duty owed is by the landowner and he or she owes you “reasonable care” for a safe walking environment, that is, free of ice and snow. Further, you must suffer a significant injury, for example, sprained or broken bones or traumatic brain injury from hitting your head. Finally, you need to establish that the ice was the cause of your slip and fall. There are some additional nuances unique to ice and snow slip and falls that are important to know. Like most personal injury claims, slip and fall accidents have a three-year statute of limitations. However, for snow and ice slip and fall cases, the injured person must notify the property owner within thirty (30) days of their fall that you were injured on their property. This requirement serves two (2) functions. One is to give the property owner notice of a possible pending lawsuit. Next, it protects you from a property owner claiming they were not aware anyone was ever injured on their property. If you fail to provide this timely notice, you will be unable to file a claim. Another potential hurdle in your claim is the legal principle known as “comparative negligence.” Comparative negligence assesses a percentage of fault on both the injured party and the property owner, that is, you both share the blame. While the property owner is responsible for removing ice and snow, when walking on a slippery surface, you too have a duty to exercise reasonable care to avoid getting hurt. By way of example, assume you break your leg after slipping on ice in front of a restaurant. Lets further assume that the restaurant owners failed to “reasonably” de-ice the sidewalk. However, it was shown that you were walking and texting on your phone when you fell. While it is the restaurant owners’ “fault” for not removing the ice, the fact that you were not paying attention to where you were going can place some of the blame on you. In this instance, a court could find that while the restaurant owners’ were at fault, so too were you. Under comparative negligence, they can assign a percentage to you (you are 25% at fault) and the restaurant owners (they were 75% at fault). This means any damages you receive will be reduced by 25% (your percentage of fault). This is important to know, because under comparative negligence laws in Massachusetts, the plaintiff can only be compensated if their share of the blame is less than 51%. (A 2020 SJC case dealt, in part, with the issue of comparative negligence. You can read the full description of this case in a prior blog post here). As if this did not all seem daunting enough, oftentimes, and especially when businesses are responsible, insurance companies get involved. These cases are very fact-specific, and what constitutes “reasonable” snow and ice removal or treatment is often at issue. Therefore, insurance companies try to place blame on the accident victim for the fall. By now, it should be clear that there are a lot of moving parts when it comes to establishing your slip and fall case. It is in your best interest to work with an experienced personal injury attorney to help you navigate through this process.

Chapter 93A – Unfair & Deceptive Trade Practices

Marcotte Law Firm LLC — Mon, 09 Nov 2020 15:13:36 GMT

Massachusetts has been called many things throughout history, but at the top of that list should be “consumer friendly.” This is true even about our laws. They try to protect consumers instead of big businesses. One example is a section of the Massachusetts’ Consumer Protection Act, specifically Section 93a, that affords broad protections to consumers from merchants engaging in “unfair and deceptive” practices. This includes sales and leases, debt collection, many contracts, foreclosure, landlord-tenant law, and even bad faith insurance claims. If you have been subject to unfair business practices, the easiest course of action would be to simply come to an agreement with the business with which you have a conflict. However, if all disputes were that simple, there would be no need for laws protecting the rights of consumers. If you are unable to resolve a complaint with a merchant, i.e., an individual or business, informally, then you may decide to take legal action. As with any law, there are certain things that need to be done. This action first takes the form of what is informally known as a “93a Demand Letter” or a “30 Day Demand Letter.” State law requires you to send the business the demand letter thirty (30) days before filing a claim in court. The letter must outline your complaint, the harm you suffered, and how you want the problem resolved. The individual or business must make a good faith response within thirty (30) days, or it could subject the business or individual to treble (triple) damages and attorney’s fees. What Constitutes an “Unfair and Deceptive” practice? Section 93a does not fully define “unfair and deceptive” practices. Similarly, state courts have been reluctant to attach a black line definition to the term, preferring instead for the determination to be made on a case-by-case basis. But, you usually know it when you see it. Examples can include a car dealership doing a bait-and-switch, a debt collector misleading you about how much you owe, or a landlord trying cutting off your water or electricity. At Marcotte Law Firm, our attorneys often see unfair and deceptive trade practices when dealing with insurance companies. This can include a simple misapplication of the law or knowingly misrepresenting the facts of a case. Other times, it can be more sinister. For example, insurance companies know that an injured person can be strapped for cash, especially if the injury keeps him/her out of work. The insurance companies use that to their advantage, offering pennies on the dollar. They tell people to take it or leave it, and if they don’t take it, the insurance company will try to drag the case on for as long as possible. Who Does 93A Protect? Section 93a protects consumers – businesses and individuals – who have been subject to unfair and deceptive practices through the process of procuring goods or services. While 93A protects both business and individuals, the standard of what is unfair and deceptive is much higher to prove for businesses than consumers. Said another way, the state makes it easier for an aggrieved individual to recover damages than a business. If you win your case, you can recover the full amount of damages, plus up to two or three times that amount if the business’s violation was “willful.” In addition to having your damages multiplied, you could also potentially have your attorney fees and costs associated with bringing the lawsuit reimbursed. This is a great tool which allows average consumers to obtain settlements that they may not have been able to obtain otherwise. If you believe you have a claim, you should contact an attorney to guide you through the next steps and potentially represent you. As previously mentioned, under 93A you can potentially recover your attorney fees if your claim is awarded in your favor. So, many times lawyers are happy to not only be able to help someone in need, but also get their full bill paid for by the shady business.