NOLAN, J.
On April 13, 1990, General Motors Acceptance Corporation (GMAC) filed a complaint against Abington Casualty Insurance Company (Abington), alleging breach of contract and conversion. In response, Abington moved to dismiss the complaint for failure to state a claim on which relief can be granted. Mass. R. Civ. P. 12 (b) (6), 365 Mass. 754 (1974). After a hearing, the trial judge granted Abington's motion to dismiss, and reported his decision to the Appellate...
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