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ATLANTIC MUTUAL INS. CO. v. McFADDEN

413 Mass. 90 (1992)

595 N.E.2d 762

ATLANTIC MUTUAL INSURANCE COMPANY vs. WENDY McFADDEN & others.

Supreme Judicial Court of Massachusetts, Suffolk.

July 14, 1992.

Attorney(s) appearing for the Case

Richard L. Neumeier for the plaintiff.

Lee H. Kozol (Lowry E. Heussler with him) for Dime Real Estate Services-Massachusetts, Inc., & another.

Robert J. Doyle, for Wendy McFadden, submitted a brief.

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

NOLAN, J.

Atlantic Mutual Insurance Company (Atlantic) commenced an action in the Superior Court, seeking a declaration of its rights and obligations under a comprehensive general liability policy issued to Dime Real Estate Services-Massachusetts, Inc., and Dime Savings Bank of New York, FSB (collectively, Dime). Specifically, Atlantic sought to determine whether it had a duty under the policy to defend Dime in an action...

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