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BAKER v. COMMERCIAL UNION INS. CO.

382 Mass. 347 (1981)

416 N.E.2d 187

MERTON BAKER vs. COMMERCIAL UNION INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Worcester.

January 23, 1981.

Attorney(s) appearing for the Case

David A. Wojcik for the plaintiff.

Richard R. Eurich for the Commercial Union Insurance Company.

Richard M. Passalacqua for Susan Baker Garland.

Present: HENNESSEY, C.J., QUIRICO, KAPLAN, LIACOS, & ABRAMS, JJ.

ABRAMS, J.

The plaintiff Merton Baker seeks compensation for the loss of his home, which was destroyed by a fire set by his then wife, Susan (Baker) Garland. The defendant Commercial Union Insurance Company (Commercial), the insurer of the Baker home, has refused to pay Baker on the grounds that Baker's wife intentionally set the fire and then neglected to use reasonable means to save and preserve the property. Commercial...

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