SCHWARTZ v. THE TRAVELERS INDEMNITY COMPANY.

No. 97-P-2315.

50 Mass. App. Ct. 672 (2001)

ROBERT B. SCHWARTZ v. THE TRAVELERS INDEMNITY COMPANY & another.

Court of Appeals of Massachusetts, Essex.

January 8, 2001.


Attorney(s) appearing for the Case

Merrick, J., and entry of judgment was ordered by Peter F. Brady, J.

George E. Richardson for the plaintiff.

Richard E. Cavanaugh for the defendants.

Present: JACOBS, GILLERMAN, & GELINAS, JJ.


GELINAS, J.

In reviewing the motion judge's allowance of the defendants' motion for summary judgment, we consider whether the two-year limitation of actions provided in G. L. c. 175, § 99, and contained in a homeowner's insurance policy, governs a claim for unfair claim settlement practices described in G. L. c. 176D, § 3(9), and brought pursuant to G. L. c. 93A, § 9. We also assess whether, on a motion for summary judgment, a policyholder has demonstrated...

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