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CONTINENTAL CASUALTY CO. v. GILBANE BUILDING CO.

391 Mass. 143 (1984)

461 N.E.2d 209

CONTINENTAL CASUALTY COMPANY vs. GILBANE BUILDING COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk.

February 13, 1984.

Attorney(s) appearing for the Case

Thomas D. Burns (Charles Mark Furcolo & Steven H. Goldberg with him) for the plaintiff.

Anthony M. Feeherry (Cerise H. Lim Epstein with him) for H.H. Robertson Company.

Francis J. Sally for Gilbane Building Company.

Present: HENNESSEY, C.J., LIACOS, ABRAMS, NOLAN, & LYNCH, JJ.

ABRAMS, J.

Continental Casualty Company (Continental) brought an action for a declaratory judgment against Gilbane Building Company (Gilbane) and H.H. Robertson Company (Robertson) to determine whether Continental had a duty to defend Gilbane and Robertson in actions brought by John Hancock Mutual Life Insurance Company (Hancock) and Mamma Leone's of Boston, Inc. (Mamma Leone), claiming damages from Gilbane and Robertson for the faulty design2

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