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JOSEPH E. BENNETT CO. INC. v. FIREMAN'S FUND INS. CO.

344 Mass. 99 (1962)

181 N.E.2d 557

JOSEPH E. BENNETT CO., INC. vs. FIREMAN'S FUND INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

April 5, 1962.

Attorney(s) appearing for the Case

Edward J. Barshak, for the plaintiff.

Francis E. Dooley, Jr., for the defendants.

Present: WILKINS, C.J., SPALDING, WHITTEMORE, CUTTER, & KIRK, JJ.

CUTTER, J.

The plaintiff (Bennett) seeks to recover under policies of insurance for losses occasioned by vandalism to a swimming pool on country club premises held by Bennett as mortgagee in possession. The insurance companies, among other defences, denied that the policies covered this loss. Bennett's counsel made an extended opening and offered in evidence a sample policy "in the form of each one of the ... policies ....

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