O'CONNOR, J.
This action was brought to compel the defendant insurer to pay to the plaintiff bank, as a loss payee, the proceeds of an insurance policy issued to Rocco's, Inc., a clothing store in Worcester. The insurer filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted, pursuant to Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). At a hearing on the motion to dismiss, a judge of the Superior Court accepted certain...
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