J. & T. ENTERPRISES, INC. v. LIBERTY MUTUAL INS. CO.


384 Mass. 586 (1981)

428 N.E.2d 131

J. & T. ENTERPRISES, INC. vs. LIBERTY MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Essex.

November 13, 1981.


Attorney(s) appearing for the Case

Gerald W. Motejunas for the defendant.

Gregory C. Demakis for the plaintiff.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & LYNCH, JJ.


WILKINS, J.

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...

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