AM. EMPIRE SURPLUS LINES INS. CO. v. RUSHBY


1991 Mass. App. Div. 65 (1991)

American Empire Surplus Lines Insurance Co. vs. John Rushby

Massachusetts Appellate Division, Western District.

April 23, 1991.


Attorney(s) appearing for the Case

Leonard S. Michelman for the plaintiff.

Eugene A. Nannini for the defendant.

Present: McGuane, Dohoney & Brennan, JJ.


McGuane, J.

This matter is in the nature of a contract action, in which the plaintiff insurance company and insurer for the defendant seeks to recover the deductible amounts from the defendant for claims paid for (21) twenty-one entities on behalf of the defendant. The entities suffered damage as the result of paint being sprayed on the entities' vehicles while the defendant was spray painting a roller coaster at Riverside Park in Agawam, Massachusetts.

The...

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