Legal Opinion
Moran v. Phoenix Insurance
Massachusetts Appeals Court
Decided June 26, 1979PublishedCited by 7 opinions
1Opinion of the CourtKass, J.
Companies which issue fire insurance policies in Massachusetts must conform to a text prescribed in G. L. c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1. That text includes a provision which says that if the parties fail "to agree as to the amount of the loss ... the amount of such loss shall be referred” to arbitration and such reference "unless waived by the parties, shall be a condition precedent to any right of action in law ...” (emphasis supplied).
Summary judgment was entered below against the plaintiffs for failure to comply with this arbitration provision and the sole…
2Cases cited9 opinions
- Community National Bank v. DawesMassachusetts Supreme Judicial Court · 1976
- Employers' Fire Insurance v. GarneyMassachusetts Supreme Judicial Court · 1965
- Lamson Consolidated Store Service Co. v. Prudential Fire InsuranceMassachusetts Supreme Judicial Court · 1898
- Molea v. Aetna InsuranceMassachusetts Supreme Judicial Court · 1950
- City of Fall River v. Ætna InsuranceMassachusetts Supreme Judicial Court · 1914
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- United States v. Milton Raphelson, Appeal of Massachusetts Property Insurance Underwriting AssociationCourt of Appeals for the First Circuit · 1986
- F.C.I. Realty Trust v. Aetna Casualty & Surety Co.District Court, D. Massachusetts · 1995
- McCord v. Horace Mann InsuranceCourt of Appeals for the First Circuit · 2004
- Kiley v. Metropolitan Property & Casualty InsuranceDistrict Court, D. Massachusetts · 2016
- Santos v. Preferred Mutual InsuranceDistrict Court, D. Massachusetts · 2014
2 more not listed; retrieve them via the Exa API.