Commerce Bank & Trust Co. v. Centennial Insurance

This action was brought to compel the defendant insurer to pay to the plaintiff bank, as a loss payee, the proceeds of an insurance policy issued to Rocco’s, Inc., a clothing store in Worcester. The insurer filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). At a hearing on the motion to dismiss, a judge of the Superior Court accepted certain doc uments presented to him by the bank, apparently without objection by the insurer, and, pursuant to Mass. R. Civ. P. 12 (b), treated the…