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AETNA CASUALTY & SURETY CO. v. NIZIOLEK

395 Mass. 737 (1985)

481 N.E.2d 1356

AETNA CASUALTY AND SURETY COMPANY vs. JOSEPH NIZIOLEK & another.

Supreme Judicial Court of Massachusetts, Hampden.

August 22, 1985.

Attorney(s) appearing for the Case

Nancy Frankel Pelletier for the plaintiff.

Arthur Leavens for Joseph Niziolek.

Present: WILKINS, ABRAMS, NOLAN, & O'CONNOR, JJ.

O'CONNOR, J.

In this action, brought by Aetna Casualty and Surety Company (Aetna) against Joseph Niziolek and Raymond Bednarz to recover money paid by Aetna to Niziolek on a fire insurance policy on a house owned by Niziolek, we hold that: (1) Aetna may invoke the doctrine of collateral estoppel to preclude Niziolek from relitigating issues decided in the criminal trial in which he was convicted of burning the insured property...

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