DeVAUX v. AMERICAN HOME ASSURANCE CO.


387 Mass. 814 (1983)

444 N.E.2d 355

LORETTA R. DeVAUX vs. AMERICAN HOME ASSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Plymouth.

January 5, 1983.


Attorney(s) appearing for the Case

Steven B. Rosenthal for the plaintiff.

Kevin P. Phillips for Frank J. McGee.

Erik Lund (Roberta F. Benjamin with him) for American Home Assurance Company.

Present: WILKINS, ABRAMS, NOLAN, LYNCH, & O'CONNOR, JJ.


ABRAMS, J.

Injured in a fall, the plaintiff Loretta R. DeVaux wrote a letter to the defendant, Attorney Frank J. McGee, requesting legal assistance in regard to a possible tort claim. The defendant did not discover the plaintiff's letter, however, before the statute of limitations had run. Thereafter, the plaintiff sued the defendant attorney for malpractice, and the defendant's insurance company was impleaded as a third...

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