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AETNA CASUALTY & SURETY CO. v. COTTER

No. 87-506.

26 Mass. App. Ct. 56 (1988)

522 N.E.2d 1013

AETNA CASUALTY AND SURETY COMPANY vs. ALICE COTTER, administratrix, & others.

Appeals Court of Massachusetts, Essex.

May 18, 1988.

Attorney(s) appearing for the Case

Michael P. Martel for Thomas J. Keefe & another.

David Oliver Brink for the plaintiff.

Nelson C. Chang, for Alice Cotter, administratrix, submitted a brief.

Present: DREBEN, CUTTER, & KASS, JJ.

KASS, J.

Underlying this action is a fall from a tree in which Alfred Cotter, by his own description, "got all smashed to hell." That mishap occurred on premises owned by Cotter's sister and brother-in-law, Anna and Thomas Keefe, who had purchased a homeowner's insurance policy from Aetna Casualty & Surety Company (Aetna). Aetna disclaims coverage for damages claimed by Cotter2 against...

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