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NEWTON v. NORFOLK & DEDHAM MUTUAL FIRE INS. CO

No. 87-491.

26 Mass. App. Ct. 202 (1988)

525 N.E.2d 685

CITY OF NEWTON vs. NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY, intervener, (and a companion case).

Appeals Court of Massachusetts, Middlesex.

July 14, 1988.

Attorney(s) appearing for the Case

Joseph P. Musacchio (Robert P. Powers with him) for the intervener.

Christopher C. Fallon, Jr., of Pennsylvania (John A. Mavricos with him) for the plaintiff.

Present: DREBEN, CUTTER, & KASS, JJ.

DREBEN, J.

After a fire caused extensive damage to the Meadowbrook Junior High School in Newton, the city brought an action against three young persons who, it alleged, had started a fire or fires in the school. The insurer of one of the defendants intervened and also brought an action seeking a declaration that its homeowner's policy did not provide coverage.

The actions were consolidated for trial. In response to special questions, a jury found that the...

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