J. & T. Enterprises, Inc. v. Liberty Mutual Insurance

We are concerned with whether the plaintiff, a mortgagee of property damaged by fire, may maintain an action on an insurance policy more than two years after the fire. A statutory limitation on the commencement of any action on such a policy is prescribed by G. L. c. 175, § 99, Twelfth, as in effect at all material times. The statute states in relevant part that “[n]o suit or action against this company for the recovery of any claim by virtue of this policy shall be sustained in any court of law or equity in this commonwealth unless commenced within two years from the time the loss occurred”…