ARABASZ v. COMMERCIAL UNION INSURANCE COMPANY


1995 Mass. App. Div. 7 (1995)

John Arabasz v. Commercial Union Insurance Company

Massachusetts Appellate Division, Southern District.

January 11, 1995.


Attorney(s) appearing for the Case

John T. Murray for the plaintiff.

Gerard J. Good for the defendant.

Present: Dolan, P.J., Martin & Welsh, JJ.


Dolan, P.J.

This is a petition to establish a report that was disallowed by the trial judge. We decline to establish the report.

The judge found that plaintiffs claim for property damage to his motor vehicle was unreasonably denied by his insurance company, and awarded plaintiff damages and a penalty under the provisions of G.L.c. 90, §34O. The defendant alleges that the court was in error in applying the facts of the case to its insurance contract with...

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