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SIDNEY BINDER, INC. v. JEWELERS MUTUAL INS CO.

No. 88-P-653.

28 Mass. App. Ct. 459 (1990)

552 N.E.2d 568

SIDNEY BINDER, INC., & another vs. JEWELERS MUTUAL INSURANCE COMPANY, INC.

Appeals Court of Massachusetts, Suffolk.

April 9, 1990.

Attorney(s) appearing for the Case

James R. Rosencranz for the plaintiffs.

Thomas C. Federico for the defendant.

Present: WARNER, C.J., KASS, & FINE, JJ.

KASS, J.

When the excess and obfuscation which cluttered the pleadings were discarded, the action emerged as a claim on an insurance policy to recover losses suffered by Sidney Binder, Inc. (the "store corporation"), in a burglary of its jewelry shop in Plymouth. Among the defenses set up by Jewelers Mutual Insurance Company, Inc. (the "insurer"), was that the heist had been staged by, or for, Richard Binder, the...

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