Chris Flanagan (Partner-Boston) and Tom Bergeron (Associate-Boston) obtained summary judgment in a dispute involving a mortgagee’s claim for coverage under property insurance policies issued by the firm’s client, a major global insurer. The mortgagee filed suit against the firm’s client almost nine years after the date of loss, claiming that the two-year limitation period in the insurance policy and the applicable statute does not apply because its claims were abated while awaiting resolution of the lawsuit initiated against the firm’s client by its insured. In the motions for summary judgment and in the oppositions to the mortgagee’s motion for summary judgment, Chris and Tom argued that the mortgagee’s claims are time-barred by the policy and the statute, as there was no basis for the mortgagee’s contention that the two-year suit limitation was abated. The court held that a party seeking to assert a claim pursuant to an insurance policy must file suit within two years of the date of loss, except pursuant to the statute, when such suit has been “enjoined or abated,” in which case the party has up until one year after the dissolution of the injunction or abatement to commence suit. The court concluded that the mortgagee, which was fully aware of the litigation against the firm’s client by its insured, and yet did not intervene for almost seven years after the suit limitations period expired, cited no legal support for its position, and the court declined to reach such conclusion and entered summary judgment on behalf of the firm’s client.