05: Claims by clients

Massachusetts Supreme Judicial Court Rules

Rule: 4

Jurisdiction: MA

Bluebook Citation: S.J.C. R. 4

In exercising its discretion whether to allow any claim for reimbursement from the Fund, the Board shall attempt to establish fair, reasonable, and consistent principles for the allowance and denial of claims. To the extent possible, the Board shall attempt to fully reimburse claimants for their actual losses consistent with the Board's role as public trustee of the Fund and considering the following and other factors as the Board may deem appropriate and relevant: (A) The amounts available and likely to become available to the Fund for payment of claims; (B) The size and number of claims likely to be presented in the future; (C) The amount of the claimant's loss as compared with the amount of the losses sustained by other claimants who may merit reimbursement from the Fund; (D) The unreimbursed amounts of claims recognized by the Board as meriting reimbursement but for which complete reimbursement has not been made; (E) The degree of hardship suffered by the claimant as compared with that suffered by other claimants; and (F) Any negligence or conduct of the claimant that may have contributed to the loss.

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