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TREMPE v. AETNA CASUALTY & SURETY CO.

20 Mass. App. Ct. 448 (1985)

480 N.E.2d 670

ROBERT R. TREMPE, JR., & another vs. AETNA CASUALTY AND SURETY COMPANY.

Appeals Court of Massachusetts, Hampden.

July 24, 1985.

Attorney(s) appearing for the Case

Paul S. Weinberg for the insurer.

Burton Winnick (Mark D. Modest with him) for the plaintiffs.

Present: ARMSTRONG, PERRETTA, & SMITH, JJ.

PERRETTA, J.

When Robert and Eileen Trempe's house and its contents were damaged by fire on July 29, 1977, they presented a claim for their loss to their insurer, the defendant Aetna. Aetna declined to pay on the policy on the basis that the Trempes intentionally and knowingly caused or contributed to the cause of the fire. Judgment in favor of the Trempes entered on their complaint brought under G.L.c. 93A, §§ 2 & 9, and G.L.c. 176D, §§ 2...

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