Sandman v. Quincy Mutual Fire Insurance

I think the plaintiff prevails under a proper analysis of this matter as framed — a motion to dismiss a complaint under Mass.R.Civ.P. 12(b)(6), 365 Mass. 755 (1974). Unlike the motion judge, I limit my review to the facts alleged in the amended complaint. See, e.g., Romano v. Sacknoff, 4 Mass. App. Ct. 862, 863 (1976). Arguably, there may be material available to the defendant that could support a motion pursuant to Mass.R.Civ.P. 56, 365 Mass. 824 (1978). Any such materials, however, were not before the judge here.1

The majority focuses primarily on the relationship between Frank L. Fragomeni…