Legal Opinion
Hernandez v. Commerce Insurance
Massachusetts Superior Court
Decided September 25, 2000No. CA000923GPublishedCited by 1 opinion
1Opinion of the CourtFremont-Smith, J.
This matter, which was before the court on September 8, 2000, is a petition, by the plaintiff Elvis Hernandez (“Hernandez”), seeking to compel arbitration of his claim for bodily injury caused by an uninsured vehicle. The defendant, Commerce Insurance Company (“Commerce"), opposes arbitration, and has filed a motion to dismiss pursuant to Mass.R.Civ.P. 12(b)(6) on the ground that the plaintiff has failed to state a claim upon which relief can be granted. For the reasons stated below, defendant’s motion to dismiss is DENIED and the defendant is hereby ORDERED to proceed to arbitration.
BACKGROUN…
2Cases cited8 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Eyal v. Helen Broadcasting Corp.Massachusetts Supreme Judicial Court · 1991
- Fairneny v. Savogran Co.Massachusetts Supreme Judicial Court · 1996
- Commonwealth v. BarnettMassachusetts Supreme Judicial Court · 1976
- Employers' Fire Insurance v. GarneyMassachusetts Supreme Judicial Court · 1965
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3Cited by1 opinion
- Nasta v. Premier InsuranceMassachusetts Superior Court · 2003