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NORTHMEADOW TENNIS v. N.E. FIRE INS. OF PENN.

No. 87-1208.

26 Mass. App. Ct. 329 (1988)

526 N.E.2d 1333

NORTHMEADOW TENNIS CLUB, INC. vs. NORTHEASTERN FIRE INSURANCE COMPANY OF PENNSYLVANIA & others.

Appeals Court of Massachusetts, Middlesex.

August 22, 1988.

Attorney(s) appearing for the Case

Susan Hughes Banning for Jefferson Insurance Company of New York.

Edward W. Waystack for Fireman's Fund Insurance Company.

Herbert D. Lewis (Morris Kirsner with him) for the plaintiff.

Michael Najjar, for Charles E. McPhail, amicus curiae, submitted a brief.

Present: PERRETTA, DREBEN, & KASS, JJ.

KASS, J.

At the time of the alleged tort — serving alcohol to an inebriate — Northmeadow Tennis Club, Inc. (Tennis Club), was insured under three general liability policies: first, a primary policy with limits of $300,000; second, an excess insurance policy with limits of $200,000 above the base coverage, i.e., up to $500,000; and third, an excess insurance policy for the layer...

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