GALLANT v. FEDERAL MUTUAL INS. CO.


354 Mass. 146 (1968)

235 N.E.2d 810

DOROTHY GALLANT & another vs. FEDERAL MUTUAL INSURANCE COMPANY (and two companion cases).

Supreme Judicial Court of Massachusetts, Middlesex.

April 4, 1968.


Attorney(s) appearing for the Case

Joseph J. Monaghan for the defendants.

James D. O'Hearn (Henry W. Cloutier with him) for the plaintiffs.

Present: WILKINS, C.J., WHITTEMORE, CUTTER, KIRK, & SPIEGEL, JJ.


CUTTER, J.

The plaintiffs, as partners, conducted a store which was struck by a motor vehicle on May 4, 1962. Damage to the contents ensued. The loss was reported promptly to each of two insurance agencies which had written one or more of three policies. The policies required that suit be "commenced within two years from the time the loss occurred."2

At first, so one plaintiff testified, an agent denied that the policies covered...

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