Nurse v. Omega US Insurance, Inc.

This case arises from the denial of coverage by the defendant, Omega US Insurance, Inc. (Omega 1 ), for water damage to a multi-unit residence owned by the plaintiff, Karl Nurse. The damage is alleged to have been caused by a burst pipe which resulted from frigid weather. A judge of the Superior Court granted summary judgment in favor of Omega on the ground that Nurse’s action for declaratory relief and breach of contract was barred by the two-year statute of limitations set forth in G. L. c. 175, § 99, Twelfth (the statute or § 99), and incorporated as a provision of the policy. 2 While…