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PEERLESS INS. CO. v. SOUTH BOSTON STORAGE WAREHOUSE

397 Mass. 325 (1986)

491 N.E.2d 253

PEERLESS INSURANCE COMPANY vs. SOUTH BOSTON STORAGE AND WAREHOUSE, INC. & others (and three companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

April 16, 1986.

Attorney(s) appearing for the Case

Jeffrey M. Graeber for the plaintiff.

Lauren P. Curry for Virginia A. Kelly.

Madeline Mirabito Becker, Assistant Attorney General, for the Commissioner of Public Safety & another.

James J. Moran, Jr., for Surety Association of Massachusetts & another, amici curiae, submitted a brief.

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

NOLAN, J.

In this case of first impression in Massachusetts, we are asked to decide whether a surety on a public warehousemen's licensing bond is liable for all claims filed against it on a "per occurrence" basis or for the maximum of the penal sum of the bond. We hold that the surety's total liability is limited to the penal sum of the bond.

The plaintiff, Peerless Insurance Company (bonding company), is the surety...

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