NEW ENGLAND GAS & ELEC. ASSOC. v. OCEAN ACC. & GUAR.


330 Mass. 640 (1953)

116 N.E.2d 671

NEW ENGLAND GAS AND ELECTRIC ASSOCIATION & others vs. THE OCEAN ACCIDENT AND GUARANTEE CORPORATION, LIMITED.

Supreme Judicial Court of Massachusetts, Suffolk.

December 15, 1953.


Attorney(s) appearing for the Case

Edward C. Park, (Charles C. Worth with him,) for the plaintiffs.

George B. Rowell, (Martin J. Dever of New York & Franklin N. Cunningham with him,) for the defendant.

Present: QUA, C.J., LUMMUS, RONAN, SPALDING, & COUNIHAN, JJ.


RONAN, J.

This is an action of contract upon a machinery and boiler policy issued as of April 9, 1947, which had attached thereto a use and occupancy indorsement for the payment of a daily indemnity, so called, for each day the insured were prevented totally or partially from conducting their business by reason of the happening of an event which was insured against in the policy. The action was referred to an auditor whose findings of fact were final. He found for...

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