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GUEMPEL v. GREAT AMERICAN INS. CO.

11 Mass. App. Ct. 845 (1981)

420 N.E.2d 353

ROBERT G. GUEMPEL & others, trustees, vs. GREAT AMERICAN INSURANCE COMPANY & another.

Appeals Court of Massachusetts, Worcester.

May 15, 1981.

Attorney(s) appearing for the Case

Henry T. Goldman for the plaintiffs.

John E. Lecomte (Gerald W. Motejunas with him) for Great American Insurance Company.

John G. Ryan for Reserve Insurance Company.

Present: GRANT, CUTTER, & BROWN, JJ.

CUTTER, J.

The plaintiffs, trustees of Hamilton Investment Trust (Hamilton), conveyed property in Leominster to Jayar Colonial Realty Trust (Jayar) and took back a first mortgage. Jayar obtained an insurance policy, issued by Reserve Insurance Company (Reserve) naming Hamilton as first mortgagee, insuring against property damage and loss of rents caused by fire. Hamilton made an entry on February 25, 1976, to foreclose...

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