Strong v. Merchants Mutual Insurance

Prior proceedings are set out in Strong v. Merchants Mut. Ins. Co. 2 Mass. App. Ct. 142 (1974), S.C. 366 Mass. 751 (1975). Upon remand to the Superior Court by the Supreme Judicial Court, the plaintiff’s second motion to amend his complaint (the first such motion was denied without prejudice) was denied with prejudice. There was no error. The plaintiff’s theory of recovery is that his refusal to pay the mortgagee bank its expenses of taking possession of the plaintiff’s property, which occurred when the bank received notices sent by the insurance company (defendant) cancelling fire insurance…