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TRUSTEES OF TUFTS UNIV. v. COMMERCIAL UNION INS. CO.

415 Mass. 844 (1993)

616 N.E.2d 68

TRUSTEES OF TUFTS UNIVERSITY vs. COMMERCIAL UNION INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

July 16, 1993.

Attorney(s) appearing for the Case

Stephen J. Brake (Daniel J. Gleason, Joseph G. Blute & Julie A. Trachten with him) for the plaintiff.

Michael F. Aylward for St. Paul Fire and Marine Insurance Company.

Peter G. Hermes (Robert A. McCall & Kevin J. O'Connor with him) for Commercial Union Insurance Company.

David M. Jones, John M. Edwards, James E. McGuire & Diane E. Kenty, for Bose Corporation & others, amici curiae, submitted a brief.

Thomas W. Brunner, Laura A. Foggan, Robert B. Bell & William G. Miller, of the District of Columbia, & Michael R. Coppock, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

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

LYNCH, J.

Trustees of Tufts University (Tufts) commenced this action for declaratory relief against the defendant insurers, Commercial Union Insurance Company (Commercial Union) and St. Paul Fire & Marine Insurance Company (St. Paul), seeking a declaration that the insurers were under a duty to defend Tufts in a liability claim. The insurers moved for summary judgment. A judge in the Superior Court granted the insurers' motion, and Tufts appealed. We granted the...

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