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GOODMAN v. AETNA CASUALTY & SURETY CO.

412 Mass. 807 (1992)

593 N.E.2d 233

ISODORE GOODMAN & another vs. AETNA CASUALTY & SURETY COMPANY & another.

Supreme Judicial Court of Massachusetts, Berkshire.

June 10, 1992.

Attorney(s) appearing for the Case

Thomas M. Reiter of Pennsylvania (Thomas L. Crotty, Jr., with him) for the plaintiffs.

Diane M. DeGiacomo (Ronald E. Oliveira with her) for Aetna Casualty & Surety Company.

Michael F. Aylward (Laurie J. Condos with him) for Vermont Mutual Insurance Company.

Thomas W. Brunner, James M. Johnstone & Jo Anne B. Hennigan of the District of Columbia, & Peter G. Hermes & Molly H. Sherden, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

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

GREANEY, J.

The plaintiffs, Isodore Goodman and Isodo Real Estate Management Co., Inc., owners of a parcel of land in the town of Great Barrington, brought this action in the Superior Court against their general liability insurers, Aetna Casualty & Surety Company and Vermont Mutual Insurance Company. The plaintiffs sought a declaration under G.L.c. 231A (1990 ed.), that Aetna and Vermont Mutual were required to indemnify them in a suit brought by a neighboring...

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