Bohnwagner v. Sentry Indemnity Co.

This is an action in contract to recover insurance proceeds covering the theft of an automobile insured with the defendant, and punitive damages for the defendant’s violation of G.L. c.93A. After a finding for the plaintiff in the sum of $12,000.00, the defendant endeavored to remove this action to the Superior Court Department for a jury trial. At issue on this appeal by the plaintiff is the defendant’s compliance with G.L. c.231, § 104 in attempting to effect such removal.

Judgment for the plaintiff was entered on April 17, 1986 and notices were mailed to both parties. Fifteen days later, on…