McGINNIS v. AETNA LIFE & CASUALTY CO.


398 Mass. 37 (1986)

494 N.E.2d 1322

DEBORAH McGINNIS vs. AETNA LIFE & CASUALTY CO.

Supreme Judicial Court of Massachusetts, Hampshire.

July 10, 1986.


Attorney(s) appearing for the Case

Donald L. Graham for the plaintiff.

James M. Rabbitt for the defendant.

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


WILKINS, J.

The plaintiff claimed that her motor vehicle which the police found destroyed by fire, had been stolen. The defendant had insured the vehicle against loss by theft but denied coverage on the ground that the plaintiff had intentionally procured the loss.

A judge of the Superior Court sitting without a jury concluded that the insurer had met its burden of proof on its affirmative defense and entered judgment for the defendant. Concluding that the...

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