Aetna Casualty Surety v. State Park Ins. A.

Full title: AETNA CASUALTY AND SURETY COMPANY vs. STATE PARK INSURANCE AGENCY, INC

Court: Appeals Court of Massachusetts

Date published: Dec 8, 1981

428 N.E.2d 376 (Mass. App. Ct. 1981)

12 Mass. App. Ct. 985

Opinion

December 8, 1981.

Owen Gallagher, for the plaintiff, submitted a brief.

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.