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WITKOWSKI v. RICHARD W. ENDLAR INSURANCE AGENCY, INC.

No. 11-P-540.

81 Mass. App. Ct. 785 (2012)

BRIAN T. WITKOWSKI v. RICHARD W. ENDLAR INSURANCE AGENCY, INC., & another.

Appeals Court of Massachusetts, Essex.

May 29, 2012.

Attorney(s) appearing for the Case

Tyson R. Ence for the plaintiff.

William P. Rose for Richard W. Endlar Insurance Agency, Inc.

Meredith A. Swisher for First American Title Insurance Company.

Present: GREEN, BROWN, & AGNES, JJ.

GREEN, J.

On May 15, 2006, rising flood waters from the Shawsheen River inundated the basement residential condominium unit the plaintiff had purchased in July of the previous year. The unit was completely destroyed and, due to applicable building code requirements, cannot be rebuilt. At issue in the present appeal is the propriety of summary judgment entered in favor of the defendants Richard W. Endlar Insurance...

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