Legal Opinion
Otis Elevator Co. v. Westchester Fire Insurance
Massachusetts Appeals Court
Decided January 19, 2001No. 98-P-1712PublishedCited by 3 opinions
1Opinion of the CourtArmstrong, C.J.
Otis Elevator Company (Otis), a subcontractor on a public school construction contract for the town of Ipswich, appeals from a partial final judgment dismissing its action against Westchester Fire Insurance Company (Westchester), the surety for the general contractor, Smith-Grove Construction Company (Smith-Grove). Otis’s two-count complaint seeks payment of the amount it claims is owed to it, $29,939.06, from Smith-Grove as the party primarily liable, and secondarily from the surety. The surety won dismissal on the ground that Otis *713failed to bring its action, as required by G. L. c. 149, §…
2Cases cited4 opinions
- Carter v. CommonwealthMassachusetts Supreme Judicial Court · 1935
- Ross v. Planet InsuranceMassachusetts Supreme Judicial Court · 1972
- Radiology Resources, Inc. v. BusfieldMassachusetts Appeals Court · 1986
- Otis Elevator Co. v. EMPLOYERS INS., WAUSAUDistrict Court of Appeal of Florida · 1988
3Cited by3 opinions
- I & R Mechanical, Inc. v. Hazelton Manufacturing Co.Massachusetts Appeals Court · 2004
- N.B. Kenney Co. v. National Union Fire Insurance Co. of Pittsburgh, PAMassachusetts Appeals Court · 2007
- Ruske v. Cherrier Realty Corp.Massachusetts District Court, Appellate Division · 2008