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TRANSAMERICA INS. v. NORFOLK & DEDHAM MUTUAL FIRE INS.

361 Mass. 144 (1972)

279 N.E.2d 686

TRANSAMERICA INSURANCE COMPANY & another vs. NORFOLK AND DEDHAM MUTUAL FIRE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 10, 1972.

Attorney(s) appearing for the Case

Sumner H. Rogers for the defendant Norfolk and Dedham Mutual Fire Insurance Company.

Timothy H. Donohue for the plaintiffs.

Present: TAURO, C.J., CUTTER, QUIRICO, & BRAUCHER, JJ.

TAURO, C.J.

In this suit in equity for declaratory relief, the defendant Norfolk and Dedham Mutual Fire Insurance Company (Norfolk) appeals from a final decree, declaring that the plaintiff Peirce is an "insured" under the noncompulsory coverage B of the defendant Wheatley's Massachusetts motor vehicle policy with Norfolk, and further declaring that a similar policy issued by the plaintiff Transamerica Insurance Company (Transamerica) to Peirce provided "excess" coverage...

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