Employers' Liability Assurance Corp. v. Traynor
Cases that cite this one
16 later published cases cite this decision.
- M.A.S. Realty Corp. v. Travelers Casualty & Surety Co. (District Court, D. Massachusetts 2001)
- McCord v. Horace Mann Insurance (1st Cir. 2004)
- F.C.I. Realty Trust v. Aetna Casualty & Surety Co. (District Court, D. Massachusetts 1995)
- The 285 Lynn Shore Drive Condominium Trust v. Seneca Insurance Company (District Court, D. Massachusetts 2024)
- Kiley v. Metropolitan Property & Casualty Insurance (District Court, D. Massachusetts 2016)
- Santos v. Preferred Mutual Insurance (District Court, D. Massachusetts 2014)
- Trempe v. Aetna Casualty & Surety Co. (Mass. App. Ct. 1985)
- National Fire Insurance v. Solomon (Wash. 1982)
- River Farm Realty Trust v. Farm Family Cas. Ins. Co. (District Court, District of Columbia 2019)
- River Farm Realty Trust v. Farm Family Casualty Insurance Co. (District Court, D. Massachusetts 2019)
- Delta Search Labs, Inc. v. Federal Insurance (Massachusetts Superior Court 2013)
- Bertrand v. Merrimack Mutual Fire Insurance (Mass. Dist. Ct., App. Div. 2010)
- Augenstein v. Insurance Co. of North America (Mass. 1977)
- School Committee of Springfield v. Board of Education (Mass. 1972)
- Mendez v. Trustees of Boston University (Mass. 1972)
- Fabrizio v. U. S. Susuki Motor Corp. (Mass. 1972)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
The plaintiff sought declaratory relief to determine whether it was liable for the loss by theft of certain property of the defendants whom it covered in a policy of insurance. The defendants moved to dismiss the bill on the ground that such debate as there might be relative to the value of the items stolen should be resolved by reference to referees in accordance with the provisions of G. L. c. 175, § 99, and the provisions of the policy. A judge treated the motion to dismiss as a plea in bar and entered a final decree ordering the plaintiff to comply with the terms of its policy relative to the submission of questions of value to referees, and dismissing the bill. There was no error. The prime purpose of the statute which requires Massachusetts standard fire insurance policies to contain language requiring the submission of disputes on amounts of loss to referees is to obviate just this type of proceeding and to expedite the equitable settlement of claims. Questions of ultimate liability are determinable following action on the reference, pending which the insurer’s rights relative thereto are protected. G. L. c. 175, § 101E. See Glenn Acres, Inc. v. Cliffwood Corp. 353 Mass. 150, 154-155.
Decree affirmed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.