On August 17, 2018 a
Complaint,Petition
was filed
involving a dispute between
Cardona, Catherine,
and
Liberty Mutual Group, Inc.,
for Contract / Business Cases
in the District Court of Bristol County.
Preview
L
COMMONWEALTH OF MASSACHUSET}
TRIAL COURT OF THE COMMONWEAL
| |
BRISTOL, SS.
an OER ORR BAER ARTMENT
FILED
C.A. NO
| 873CV 001382
AUG 17 2018
CATHERINE CARDONA,
SANTOS. ESO.
|
MARC J.
CLERK/| |AGISFRATE
PLAINTIFF,
) PETITION/COMPLAIN | FOR APPOINTMENT
Vv. ) OF AN ARBITRATOR|P RSUANT TO
G.L. CHAPTER 251
LIBERTY MUTUAL GROUP, INC., )
)
DEFENDANT. )
1 The plaintiff is a resident/ of Fall River, Bristol |Glounty,,; Commonwealth of
Massachusetts.
|
2 The Defendant is a duly organized and existing Mass: husetts corporation with a
I
principal place of business at 175 Berkeley Street, Boston, Suffoll ‘ounty; Commonwealth of
Massachusetts.
3 On April 15, 2016, the plaintiff was opgrating her tor vehicle when she was
injured as result of the negligent operation of an uninsured) motor vehi bik
Cc
4 At all relevant times, the plaintiff was insuyed by the de! fen dant ‘under policy number
ADS21812206230.
5 The tortfeasor was an uninsured motorist. Therefore, hp plaintiff is entitled to apply
for uninsured motorist coverage under this policy.
|
6 A dispute has arisen between the plaintiff and the Q fendanti as to the amount of
damage sustained by the plaintiff as a result of this actident and 4s} to thejlamount of uninsured
benefits to which the plaintiff is entitled under the contrapt of insurang . The contract of insurance
between the plaintiff and defendant contains the following language:
|
* . {
iv
“The determination as to whether an injured person is legally entitled to recover |
damages from the owner or operator of a responsible auto be by agreement
between us and the injured person| The amount of damg s, if any, will be
determined in the same way. Arbitration will be used if na agreement can be
reached.”
7
On or about July 31, 2018,| the plaintiff,] through c nsel, sent the defendant a
Demand for Arbitration of her uninsured claim. A copy df said letter j KS attached and incorporated
herein by reference as Exhibit A.
8 Both the G.L., c. 251, Section 1, and the/contract off surance mandate that this
dispute be determined by arbitration.
WHEREFORE, the plaintiff requests that this Court refer dispute to arbitration and
appoint an arbitrator to hear and decide this matter pursuant to G.L., c.
|
ih
Respectfully submitted,
The Plaintiff
By Her Att ey,
? Air t i
siffen P. Sa bra, Esquire
SABRA & ASPDEN, P.. |
1026 County
Somerset,
Street
(A 02726 |
Tel. (508) 674-0890
Email: ssabya@sabraand: spden.com
BBO #: 43 20
f
Dated: Aug st 15, 201 5
|
|
Document Filed Date
August 17, 2018
Case Filing Date
August 17, 2018
Category
Contract / Business Cases
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L COMMONWEALTH OF MASSACHUSET} TRIAL COURT OF THE COMMONWEAL | | BRISTOL, SS. an OER ORR BAER ARTMENT FILED C.A. NO | 873CV 001382 AUG 17 2018 CATHERINE CARDONA, SANTOS. ESO. | MARC J. CLERK/| |AGISFRATE PLAINTIFF, ) PETITION/COMPLAIN | FOR APPOINTMENT Vv. ) OF AN ARBITRATOR|P RSUANT TO G.L. CHAPTER 251 LIBERTY MUTUAL GROUP, INC., ) ) DEFENDANT. ) 1 The plaintiff is a resident/ of Fall River, Bristol |Glounty,,; Commonwealth of Massachusetts. | 2 The Defendant is a duly organized and existing Mass: husetts corporation with a I principal place of business at 175 Berkeley Street, Boston, Suffoll ‘ounty; Commonwealth of Massachusetts. 3 On April 15, 2016, the plaintiff was opgrating her tor vehicle when she was injured as result of the negligent operation of an uninsured) motor vehi bik Cc 4 At all relevant times, the plaintiff was insuyed by the de! fen dant ‘under policy number ADS21812206230. 5 The tortfeasor was an uninsured motorist. Therefore, hp plaintiff is entitled to apply for uninsured motorist coverage under this policy. | 6 A dispute has arisen between the plaintiff and the Q fendanti as to the amount of damage sustained by the plaintiff as a result of this actident and 4s} to thejlamount of uninsured benefits to which the plaintiff is entitled under the contrapt of insurang . The contract of insurance between the plaintiff and defendant contains the following language: | * . { iv “The determination as to whether an injured person is legally entitled to recover | damages from the owner or operator of a responsible auto be by agreement between us and the injured person| The amount of damg s, if any, will be determined in the same way. Arbitration will be used if na agreement can be reached.” 7 On or about July 31, 2018,| the plaintiff,] through c nsel, sent the defendant a Demand for Arbitration of her uninsured claim. A copy df said letter j KS attached and incorporated herein by reference as Exhibit A. 8 Both the G.L., c. 251, Section 1, and the/contract off surance mandate that this dispute be determined by arbitration. WHEREFORE, the plaintiff requests that this Court refer dispute to arbitration and appoint an arbitrator to hear and decide this matter pursuant to G.L., c. | ih Respectfully submitted, The Plaintiff By Her Att ey, ? Air t i siffen P. Sa bra, Esquire SABRA & ASPDEN, P.. | 1026 County Somerset, Street (A 02726 | Tel. (508) 674-0890 Email: ssabya@sabraand: spden.com BBO #: 43 20 f Dated: Aug st 15, 201 5 | |