WORCESTER MUTUAL INS. CO. v. MARNELL


398 Mass. 240 (1986)

496 N.E.2d 158

WORCESTER MUTUAL INSURANCE COMPANY vs. RICHARD J. MARNELL & others.

Supreme Judicial Court of Massachusetts, Norfolk.

August 13, 1986.


Attorney(s) appearing for the Case

John D. Boyle for the plaintiff.

Michael E. Mone (Patricia L. Kelly & James J. O'Malley, III, with him) for William J. Alioto.

William G. Burke for Richard J. Marnell & another.

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


O'CONNOR, J.

Worcester Mutual Insurance Company (Worcester Mutual) appeals from a judgment in the Superior Court declaring that it has a duty to defend and indemnify Richard and Ellen Marnell, named insureds in a homeowners' insurance policy issued by the company, in a pending wrongful death action.2 We granted the application of the defendant William J. Alioto, administrator of the estate of...

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