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MORAN v. PHOENIX INS. CO.

7 Mass. App. Ct. 822 (1979)

390 N.E.2d 1139

AUSTIN J. MORAN and others vs. PHOENIX INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

June 26, 1979.

Attorney(s) appearing for the Case

Robert S. Wolfe for the plaintiffs.

Brian R. Merrick for the defendant.

Present: BROWN, PERRETTA, & KASS, JJ.

KASS, J.

Companies which issue fire insurance policies in Massachusetts must conform to a text prescribed in G.L.c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1. That text includes a provision which says that if the parties fail "to agree as to the amount of the loss ... the amount of such loss shall be referred" to arbitration and such reference "unless waived by the parties, shall be a condition precedent to any right of action...

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