DocketNumber: No. 961948A
Citation Numbers: 10 Mass. L. Rptr. 482
Judges: Donohue
Filed Date: 8/24/1999
Status: Precedential
Modified Date: 10/17/2022
This matter came before the Court for hearing on August 13, 1999. The plaintiff filed and argued a Motion to Confirm the Arbitrator’s Finding of December 21, 1998. The defendants opposed this motion on the grounds that the plaintiff sought an assessment of prejudgment interest and costs on the amount of the Arbitrator’s Findings.
The defendants assert that G.L.c. 235, §8 and G.L.c. 231, §6B, read together, evidence the legislative intent to add prejudgment interest in any action where money damages are awarded. The courts have established, however, that “(i]n the absence of an explicit agreement to the contrary, pre-award damage claims, including interest, to have been submitted to arbitration.” Reilly v. Metropolitan Prop. & Liab. Ins. Co., 412 Mass. 1006, 1007 (1992) (quoting Sansone v. Metro
For the foregoing reasons, it is hereby ORDERED that the defendants’ motion to confirm the arbitrator’s finding with regard to the application of interest and costs on the amount awarded by the arbitrator is DENIED.