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AMERICAN MOTORISTS INS. CO. v. AMERICAN INS.

14 Mass. App. Ct. 263 (1982)

438 N.E.2d 268

AMERICAN MOTORISTS INSURANCE COMPANY vs. AMERICAN INSURANCE COMPANY & others.

Appeals Court of Massachusetts, Suffolk.

July 30, 1982.

Attorney(s) appearing for the Case

Brian R. Merrick for the defendants.

Gerald W. Motejunas for the plaintiff.

Present: HALE, C.J., GRANT, & PERRETTA, JJ.

HALE, C.J.

This action was brought by American Motorists Insurance Company (American Motorists) as assignee of H.S. Corporation and William H. Dolben & Sons (the insureds) to recover on what American Motorists alleges are five contracts of fire insurance entered into several hours before a fire seriously damaged the insured property. The plaintiff alleges that these contracts were entered into on behalf of the defendants and the insureds by their common agent...

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