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ROXSE HOMES, INC. v. COMMERCE & INDUSTRY INS. CO.

No. 77-1259.

570 F.2d 26 (1978)

ROXSE HOMES, INC., Plaintiff-Appellee, v. COMMERCE AND INDUSTRY INSURANCE CO., Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided February 3, 1978.

Attorney(s) appearing for the Case

Joel F. Pierce, Boston, Mass., with whom Alan G. Miller and Morrison, Mahoney & Miller, Boston, Mass., were on brief, for defendant, appellant.

Phyllis Baumann, Boston, Mass., with whom Henry F. Owens, III, and Owens & Associates, Boston, Mass., were on brief, for plaintiff, appellee.

Before COFFIN, Chief Judge, CAMPBELL and BOWNES, Circuit Judges.

BOWNES, Circuit Judge.

This case of first impression involves a question of insurance coverage in the light of a Massachusetts statute.

The basic facts are not in dispute. Plaintiff-appellee purchased an "all risks" coverage insurance policy from defendant-appellant which became effective March 6, 1974. The policy provided coverage for a newly constructed apartment complex consisting of thirteen buildings. Certain of the buildings settled causing several apartments...

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