Travelers Property Casualty Insurance v. Hayes

Wheatley. PJ.

This is a Dist./Mun. Cts. R. A. D. A, Rule 8A, appeal1 from an allowance of defendant’s motion to dismiss in the trial court. We reverse.

Background. Morris and Gerri Feuer Shubow (the Shubows) insured their residence in Needham with Travelers Property Casualty Insurance Co. (Travelers). In February, 1999, the Shubows hired Ronald F. Hayes (Hayes), the defendant, to paint and plaster certain portions of their home. Because of damage to their home from dust and debris from Hayes’ work and the need for remedial repairs, they refused to pay him. As a result, on March 22, 1999, Hayes…