Legal Question in Insurance Law in Massachusetts

I have a building in which a Utility Company in 2006 accidentally turned the water on in the street and subsequently damaging my property where there is mold growing on the insides of the walls and the smell is so nauseating that I cannot stand to be in the building. I contacted the Utility Company and filed a claim. They never responded to my claim. I have insurance and wanted to know will the insurance pay for damages that exist and continue to become worse.


Asked on 6/27/10, 1:03 pm

1 Answer from Attorneys
Jonas Jacobson Law Offices of Jonas Jacobson

You need to contact your insurance company ASAP. The statute of limitations on your claim may have already run. Generally speaking, in Massachusetts, you have three years from the day you knew, or should have known, of the problem to file suit. Your insurance company has a right to "subrogate" or take over your claim. Letting them know about the claim in a timely way may be a pre-condition to them choosing to do that.

Even worse, your situation may implicate your town, which the legislature has seen fit to protect with a variety of procedural roadblocks; if the claim does implicate the town, you may have a tough fight.

I have worked on similar matters (in fact I worked on a matter with an almost identical fact pattern two years ago). Feel free to email me, or give me a call on this:

[email protected]

617-230-2779

I may be able to help you.

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Answered on 6/27/10, 7:48 pm


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