Massachusetts Appeals Court, 1981

Aetna Casualty & Surety Co. v. State Park Insurance Agency, Inc.

Aetna Casualty & Surety Co. v. State Park Insurance Agency, Inc.
Massachusetts Appeals Court · Decided December 8, 1981
12 Mass. App. Ct. 985

Aetna Casualty & Surety Co. v. State Park Insurance Agency, Inc.

Opinion of the Court

Because count four of the plaintiff’s complaint was brought pursuant to G. L. c. 93A, § 11, there was no requirement of a thirty-day demand letter as required by G. L. c. 93A, § 9, Nader v. Citron, 372 Mass. 96, 99-101 (1977), and the judge committed error in dismissing count four. The judgment is vacated and the case is remanded to the Superior Court for proceedings consistent with this opinion.

So ordered.

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