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THREE SONS, INC. v. PHOENIX INS. CO.

357 Mass. 271 (1970)

257 N.E.2d 774

THREE SONS, INC. vs. THE PHOENIX INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

April 13, 1970.

Attorney(s) appearing for the Case

Joseph J. Hurley (Edward J. Murphy with him) for the defendant.

Edward J. Barshak for the plaintiff.

Present: WILKINS, C.J., SPALDING, KIRK, SPIEGEL, & REARDON, JJ.

SPALDING, J.

This is a bill for declaratory relief seeking to establish the obligations of The Phoenix Insurance Company (defendant) to defend and pay judgments in pending tort actions. A final decree in favor of the plaintiff was entered from which the defendant appealed. The judge made a report of material facts, and the evidence, all of which is documentary, is reported.

The plaintiff was licensed under G.L.c...

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