BOSTON INSURANCE CO. v. FAWCETT


357 Mass. 535 (1970)

258 N.E.2d 771

BOSTON INSURANCE COMPANY & others vs. JOHN FAWCETT & others.

Supreme Judicial Court of Massachusetts, Suffolk.

May 14, 1970.


Attorney(s) appearing for the Case

Sumner H. Babcock (William G. Young with him) for the plaintiffs.

Lane McGovern (John S. Hopkins, III, with him) for the defendants.

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


KIRK, J.

This bill for a declaratory decree comes to us at the request of the parties on a report without decision by a judge of the Superior Court on a statement of agreed facts and the pleadings.

The plaintiff Boston Insurance Company (Boston) is a Massachusetts insurance corporation.3 The defendants have submitted to the jurisdiction of the court.

We first delineate a skeleton of facts to suggest the nature of the substantive...

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