Skip to main content
Find a Lawyer

United States First Circuit


DiMaio Family Pizza & Luncheonette, Inc. v. The Charter Oak Fire Ins. Co., 05-2459

Summary judgement for defendant-insurer in a claim to recover damages under insurance policy is affirmed where: 1) the suit was time-barred; 2) plaintiff's institution of bankruptcy proceedings did not enjoin or abate action on the policy; and 3) defendant was not required to notify plaintiff of the applicable statute of limitations.

Appellate Information

  • Decided 05/30/2006
  • Published 05/30/2006

Judges

  • TORRUELLA, Circuit Judge., Before TORRUELLA, LYNCH and LIPEZ, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Mark J. Albano, with whom Dalsey, Ferrara & Albano was on brief, for appellants.

  • For Appellees:
  • Gerald P. Dwyer, Jr., with whom Wystan M. Ackerman and Robinson & Cole LLP were on brief, for appellee.
Copied to clipboard