Fluhr v. Allstate Insurance

The plaintiffs initially brought an action for breach of a written contract of insurance. Summary judgment was entered for the defendant because the action had not been brought within the time permitted either by statute (see G. L. c. 175, § 99) or by the terms of the contract of insurance. The plaintiffs brought a second action against the defendants, alleging a breach by the defendants of an oral agreement to pay the insurance claim. The case was tried to a jury, who returned a verdict in favor of the plaintiffs. The judge, after memoranda and argument, ruled that the rights of the parties…