Posts tagged "Hawley"

Hawley, et al. v. Preferred Mutual Insurance Company (Lawyers Weekly No. 11-146-15)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us   14-P-917                                        Appeals Court    LINDA HAWLEY & another[1]  vs.  PREFERRED MUTUAL INSURANCE COMPANY. No. 14-P-917. Hampden.     April 10, 2015. – September 16, 2015.   Present:  Cypher, Trainor, & Katzmann, JJ. Insurance, Reference process, Arbitration, Coverage, Water damage.  Contract, Insurance.  Consumer Protection Act, Insurance, Unfair act or practice.  Limitations, Statute of.  Practice, Civil, Statute of limitations, Consumer protection case.       Civil action commenced in the Superior Court Department on June 2, 2008.   The case was heard by Cornelius J. Moriarty, II, J.     James E. Grumbach for the plaintiffs. Jeffrey L. McCormick for the defendant.     KATZMANN, J.  This appeal arises from a dispute between an insurer and its insured, based on a denial of coverage for water damage, and largely concerns the question whether the insured’s mere request for a reference for arbitration pursuant to G. L. c. 175, § 99, Twelfth, as appearing in St. 1951, c. 478, § 1, operates to toll the statute of limitations period contained in § 99 and incorporated by the insurance policy.[2]  We conclude that it does not. On November 12, 2012, after a seven-day bench trial, a Superior Court judge issued a ruling in favor of the defendant, Preferred Mutual Insurance Company (Preferred), on a breach of contract claim and an unfair and deceptive insurance practicesclaim under G. L. c. 93A and G. L. c. 176D.  The decision was based on the grounds that the breach of contract claim was barred by the statute of limitations and that there were no facts to support the claim that Preferred acted unfairly or deceptively in denying the insurance claim or in its failure to proceed to reference.  A second amended judgment entered on February 11, 2013, and the insureds, Linda and Robert Hawley (the Hawleys), appealed.  We affirm on the grounds that (1) the breach of contract claim was filed outside the statute of limitations, as the request for reference did not toll the statute of limitations, and, even if it had, the complaint was not filed within a reasonable time after the denial of the request for reference; and (2) because the loss at issue did not fall within the policy, the c. 93A and c. 176D claims also fail. Background.  The facts as found by the Superior Court judge are as follows.  Linda Hawley owns the dwelling at issue and Robert Hawley manages it.  The dwelling is a […]

Read more...

Posted by Massachusetts Legal Resources - September 16, 2015 at 11:57 pm

Categories: News   Tags: , , , , , , ,

New England Forestry Foundation, Inc. v. Board of Assessors of Hawley (Lawyers Weekly No. 10-083-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750;  (617) 557-1030; SJCReporter@sjc.state.ma.us     SJC‑11432     NEW ENGLAND FORESTRY FOUNDATION, INC.  vs.  BOARD OF ASSESSORS OF HAWLEY. Suffolk.     January 6, 2014.  ‑  May 15, 2014. Present:  Ireland, C.J., Spina, Cordy, Botsford, Gants, Duffly, & Lenk, JJ.     Administrative Law, Agency’s interpretation of statute, Findings, Judicial review, Appellate Tax Board:  final decision.  Taxation, Real estate tax:  charity, Real estate tax: exemption, Appellate Tax Board:  appeal to Supreme Judicial Court, Appellate Tax Board:  findings, Judicial review.  Charity.  Corporation, Non‑profit corporation.  Statute, Construction.     Appeal from a decision of the Appellate Tax Board.   The Supreme Judicial Court granted an application for direct appellate review.     Douglas Hallward‑Driemeier (Jesse Mohan Boodoo & Jacob Scott with him) for the plaintiff. Rosemary Crowley (David J. Martel with her) for the defendant. The following submitted briefs for amici curiae: Robert H. Levin, of Maine, for Massachusetts Land Trust Coalition, Inc., & another. Gregor I. McGregor & Luke H. Legere for Massachusetts Association of Conservation Commissions, Inc., & another. James F. Sullivan for Massachusetts Association of Assessing Officers. Robert E. McDonnell & Patrick Strawbridge for The Nature Conservancy, & another. Lisa C. Goodheart, Susan A. Hartnett, Phelps T. Turner, & Joshua D. Nadreau for The Trustees of Reservations.       SPINA, J.  This case comes to us on direct appellate review from a decision of the Appellate Tax Board (board).  The taxpayer, New England Forestry Foundation, Inc. (NEFF), is a nonprofit corporation organized under G. L. c. 180.  NEFF is the record owner of a 120-acre parcel of forest land in the town of Hawley.  In 2009, NEFF applied to the board of assessors of Hawley (assessors) for a charitable tax exemption on the parcel under G. L. c. 59, § 5, Third (Clause Third).  The assessors denied NEFF’s application, and NEFF appealed to the board.  The board likewise denied the application on the basis that NEFF had failed to carry its burden to show that it occupied the land in Hawley for a charitable purpose within the meaning of Clause Third.  NEFF again appealed, and both NEFF and the assessors filed applications for direct appellate review.  We granted the parties’ applications, and we reverse the board’s decision. 1.  Background.  The taxpayer, NEFF, is a Massachusetts nonprofit corporation organized under G. L. c. 180, and it has received tax-exempt status from the Federal government under 26 U.S.C. § 501(c)(3) (2006).  NEFF was incorporated in […]

Read more...

Posted by Massachusetts Legal Resources - May 15, 2014 at 5:39 pm

Categories: News   Tags: , , , , , , , , ,