W.R. GRACE & CO. v. HARTFORD ACCIDENT & INDEMNITY CO.


407 Mass. 572 (1990)

555 N.E.2d 214

W.R. GRACE & CO. vs. HARTFORD ACCIDENT & INDEMNITY COMPANY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

June 11, 1990.


Attorney(s) appearing for the Case

John J. Curtin, Jr. (Randy Paar of New York & David C. Boch with him) for the plaintiff.

William J. Bowman of the District of Columbia (William J. Dailey with him) for Hartford Accident & Indemnity Company & others.

Laura A. Foggan of the District of Columbia, for Maryland Casualty Company.

James P. Donovan & Carl J. Pernicone of New York, for Royal Indemnity Company, joined in a brief.

Mary Ann D'Amato & Thomas J. Quinn of New York, George Marshall Moriarty, John T. Montgomery, & Eric A. Smith for Rayment and London Market Companies, submitted a brief.

John H. Harwood, II, Karen E. Schifter, L. Anthony Sutin & James G. Christiansen of the District of Columbia, & David B. Chaffin & John P. Ryan for Insurance Company of North America & others, joined in a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, & LYNCH, O'CONNOR & GREANEY, JJ.


WILKINS, J.

W.R. Grace & Co. (Grace), a Connecticut corporation with its principal place of business in New York City, commenced this declaratory judgment action in 1987 against insurers from whom Grace had purchased excess comprehensive general liability insurance, in various amounts and at various times, between October 20, 1962, and June 30, 1984. Grace asserts that the defendants are obliged to defend Grace and,...

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