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RYMSHA v. TRUST INSURANCE COMPANY

No. 98-P-1507.

51 Mass. App. Ct. 414 (2001)

DENA RYMSHA v. TRUST INSURANCE COMPANY.

Court of Appeals of Massachusetts, Barnstable.

May 1, 2001.

Attorney(s) appearing for the Case

Robert P. Jachowicz for the plaintiff.

Glenda H. Ganem (Michael L. Snyder with her) for the defendant.

Present: ARMSTRONG, C.J., PERRETTA, & BECK, JJ.

PERRETTA, J.

When Trust Insurance Company (Trust) denied the claim for theft presented by Dena Rymsha pursuant to her homeowner's policy of insurance, she sued for breach of contract and unfair insurance practices. See G. L. c. 93A and c. 176D. A Superior Court judge granted the insurer's motion for summary judgment, see Mass.R.Civ.P. 56(b), 365 Mass. 824 (1974), on the stated basis that Rymsha was in material breach of her insurance contract by reason of her failure...

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