Allstate Insurance Company v. Amy Reynolds

685 N.E.2d 1210 (Cite as: 43 Mass.App.Ct. 927, 685 N.E.2d 1210)

Appeals Court of Massachusetts.

ALLSTATE INSURANCE COMPANY

v. 

Amy REYNOLDS.

No. 95-P-1429.

Oct. 23, 1997.

Driver's excess liability insurer brought declaratory judgment action against injured passenger that raised issue of whether passenger's claims were time-barred. The Superior Court, James F. McHugh, J., granted summary judgment to passenger, and insurer appealed. The Appeals Court held that: (1) payment insurer had made to passenger was "advance payment" triggering insurer's statutory duty to give passenger written notice of applicable limitations period; (2) insurer's failure to give such notice tolled the limitations period; and (3) statute concerning advance payments of claims by insurers applies even if claimant is represented by counsel.

Affirmed.

Leonard F. Zandrow, Jr., Boston (John W. Brister with him) for defendant.

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