Cross v. Hewitt

One wonders how Yossarian2 would have responded: To comply with the statute, the plaintiff has to wait one year to file suit. If the plaintiff waits one year to file suit she runs afoul of the statute of limitations. Catch-22.

The issue before us is whether G. L. c. 197, § 9A, requires a plaintiff to wait one year after the death of a deceased defendant prior to filing a claim against his estate, where (1) by waiting the year, the statute of limitations governing the claim would have expired; and (2) the real party at interest is an insurance carrier. We hold that it does not, and reverse the…