Legal Opinion
Fitzgerald v. John Hewitt & Associates
Massachusetts Superior Court
Decided October 8, 2002No. 011791Published
1Opinion of the CourtFecteau, J.
MEMORANDUM DECISION AND ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT1
The plaintiff brought this action against the defendants for their failure to honor his application for disability income insurance benefits for a period of time between May 19, 1998, and September 17, 1999.2 His claim includes counts for breach of contract, and violation of G.L.c. 93A and c. 176D against the insurer and two agents. The defendants denied the claim for the earlier period on the ground that he did not qualify as “totally disabled” according to the policy of insurance. The plaintiff contends that, by virtue…
2Cases cited5 opinions
- Cody v. Connecticut General Life InsuranceMassachusetts Supreme Judicial Court · 1982
- Acquista v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 2001
- Gammill v. Provident Life & Accident InsuranceSupreme Court of Arkansas · 2001
- Cobb v. Mutual Life Insurance Co. of New YorkSuperior Court of Pennsylvania · 1942
- Lambert v. New England Fire InsuranceSupreme Judicial Court of Maine · 1952