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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 9A

Citation
Section 9A
Parent Document
Johnson v. Rufo, 26 Mass. L. Rptr. 226 (2009)
Jurisdiction
Massachusetts (state)
Effective Date
2009-10-28

Full Text

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Johnson’s personal injury action is not statutorily barred because he served Rufo’s insurer within three years of March 9, 2005, the date of his injuries. Presently, Rufo’s insurance company is the real party in interest because Johnson’s potential recovery can only be satisfied from the insurance proceeds of the policy covering the premises where the injuries occurred. See Tae v. Tae, 57 Mass.App.Ct. 297, 297 n.3 (2003) (recognizing G.L.c. 197, §9A allows personal injury plaintiff to maintain suit against deceased so long as deceased’s insurer is properly served). Therefore, Rufo can proceed under G.L.c. 197, §9A. C.