HANOVER NEW ENGLAND INS. CO. v. SMITH

No. 91-P-492.

35 Mass. App. Ct. 417 (1993)

621 N.E.2d 382

HANOVER NEW ENGLAND INSURANCE COMPANY vs. GEORGE SMITH & another.

Appeals Court of Massachusetts, Norfolk.

October 19, 1993.


Attorney(s) appearing for the Case

John A. Leslie for the plaintiff.

Ian S. Oppenheim for the defendants.

Present: ARMSTRONG, PERRETTA, & IRELAND, JJ.


ARMSTRONG, J.

The defendants made a claim under their homeowners' policy for damage caused by a release of heating oil in their cellar. The insurer denied coverage and filed this action for declaratory relief to confirm the correctness of its position. The judge found for the homeowners, and the insurer appealed.

The damage was caused by the malfunction of an electrical relay switch in the defendants' oil burner, which was supposed to shut off the flow of...

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