Legal Opinion

Hawley v. Preferred Mutual Insurance Co.

Massachusetts Appeals Court

Decided September 16, 2015No. AC 14-P-917PublishedCited by 2 opinions

1Opinion of the CourtKatzmann, J.

This appeal arises from a dispute between an insurer and its insured, based on a denial of coverage for water damage, and largely concerns the question whether the insured’s mere request for a reference for arbitration pursuant to G. L. c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1, operates to toll the statute of limitations period contained in § 99 and incorporated by the insurance policy. 2 We conclude that it does not.

On November 12, 2012, after a seven-day bench trial, a Superior Court judge issued a ruling in favor of the defendant, Preferred Mutual Insurance Company…

2Cases cited19 opinions

  1. Polaroid Corp. v. the Travelers Indemnity Co.Massachusetts Supreme Judicial Court · 1993
  2. Clegg v. ButlerMassachusetts Supreme Judicial Court · 1997
  3. Kobayashi v. Orion Ventures, Inc.Massachusetts Appeals Court · 1997
  4. Duclersaint v. Federal National Mortgage Ass'nMassachusetts Supreme Judicial Court · 1998
  5. Hopkins v. Liberty Mutual InsuranceMassachusetts Supreme Judicial Court · 2001

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3Cited by2 opinions

  1. Bankaitis v. Allstate Insurance Co.District Court, M.D. North Carolina · 2017
  2. Nurse v. Omega US Insurance, Inc.Massachusetts Appeals Court · 2015

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