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SZYMANSKI v. BOSTON MUTUAL LIFE INSURANCE COMPANY

No. 99-P-1756.

56 Mass. App. Ct. 367 (2002)

JAMES SZYMANSKI v. BOSTON MUTUAL LIFE INSURANCE COMPANY.

Court of Appeals of Massachusetts, Suffolk.

November 7, 2002.

Attorney(s) appearing for the Case

Douglas M. Brooks for the plaintiff.

Beth I.Z. Boland (William M. Cowan with her) for the defendant.

Victoria E. Fimea, Evan M. Tager, & Peter C. Choharis, for American Council of Life Insurers, amicus curiae, submitted a brief.

Thomas F. Reilly, Attorney General, & Matthew S. Buehler & Thomas M. O'Brien, Assistant Attorneys General, for the Attorney General, amicus curiae, submitted a brief.

Present: BROWN, DREBEN, & DOERFER, JJ.

BROWN, J.

At issue is the defendant insurer's promotional materials and representations made by its insurance agent indicating that a so-called "vanishing-premiums" life insurance policy sold to the plaintiff would accumulate sufficient value in nine years to cover the cost of the annual premiums thereafter.1 A judge of the Superior Court allowed the defendant's motion for summary judgment on the basis of statutes of limitations. We reverse...

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