District Court, D. Massachusetts October 11, 1995, Civ. A. 94-12583-GAO (F.C.I. Realty Trust v. Aetna Casualty & Surety Co.)

MEMORANDUM AND ORDER

O’TOOLE, District Judge.

The defendant Aetna Casualty & Surety Company (“Aetna”) has moved for summary judgment on the plaintiff F.C.I. Realty Trust’s (“FCI”) insurance coverage claim against it for FCI’s failure to comply with a condition precedent in the insurance policy

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requiring the submission of claims to a panel of referees prior to the commencement of any suit on