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WORCESTER INS. CO. v. FELLS ACRES DAY SCHOOL, INC.

408 Mass. 393 (1990)

558 N.E.2d 958

WORCESTER INSURANCE COMPANY vs. FELLS ACRES DAY SCHOOL, INC., & others. (and ten consolidated cases).

Supreme Judicial Court of Massachusetts, Middlesex.

August 22, 1990.

Attorney(s) appearing for the Case

Cynthia J. Cohen for Worcester Insurance Company.

Regina E. Roman for Merrimack Mutual Fire Insurance Company.

Saul A. Schapiro (Michael Hays with him) for Jane Doe & others.

Daniel C. Crane for Paul A. Bennett & another.

Juliane Balliro, for Fells Acres Day School, Inc., Ronald A. Pressman, for Lareina Hurley, Leonard Glazer & William Kahn, for William B. Cronin & another, & Frank J. Ciano, for Barbara Miller & others, were present but did not argue.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

ABRAMS, J.

Pursuant to Mass. R. Civ. P. 64, 365 Mass. 831 (1974), a judge of the Superior Court has reported to us, without decision, eight questions (see Appendix) concerning whether certain insurance policies provide coverage for damage claims arising from sexual abuse allegedly perpetrated at the Fells Acres Day School (school). Two of the eleven consolidated cases before us are declaratory judgment actions brought by insurance companies2

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