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BEALS v. COMMERCIAL UNION INSURANCE COMPANY

No. 00-P-1840.

61 Mass. App. Ct. 189 (2004)

808 N.E.2d 824

CORA BEALS v. COMMERCIAL UNION INSURANCE COMPANY.

Appeals Court of Massachusetts, Middlesex.

May 19, 2004.

Attorney(s) appearing for the Case

Daniel J. Harrington for the plaintiff.

Richard L. Neumeier for the defendant.

Present: Perretta, Grasso, & Berry, JJ.

PERRETTA, J.

This appeal presents the question whether principles of res judicata entitle Commercial Union Insurance Company (Commercial) to summary judgment on Cora Beals's complaint seeking compensatory damages and counsel fees on the basis of allegations that Commercial had refused to consider and to pay her underinsurance claim fairly and promptly and instead forced her to proceed to arbitration. A Superior Court...

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