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MERRIMACK MUTUAL FIRE INS. CO. v. SAMPSON

No. 88-P-1366.

28 Mass. App. Ct. 353 (1990)

550 N.E.2d 901

MERRIMACK MUTUAL FIRE INSURANCE COMPANY vs. PAUL SAMPSON & another; PATRICK TROY, intervener.

Appeals Court of Massachusetts, Essex.

March 12, 1990.

Attorney(s) appearing for the Case

John T. Lamond for Patrick Troy.

Allen N. David (Harvey Weiner with him) for the plaintiff.

Present: PERRETTA, DREBEN, & KASS, JJ.

DREBEN, J.

This is another case which raises the scope of an insurer's obligation to defend its insureds under a homeowners' policy containing an automobile exclusion similar to the exclusions construed in Barnstable County Mut. Fire Ins. Co. v. Lally, 374 Mass. 602 (1978), and in Worcester Mut. Ins. Co. v. Marnell, 398 Mass. 240 (1986). Merrimack Mutual Fire Insurance...

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