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MERRIMACK MUTUAL FIRE INS. CO. v. NONAKA

414 Mass. 187 (1993)

606 N.E.2d 904

MERRIMACK MUTUAL FIRE INSURANCE COMPANY vs. KEIZO NONAKA & others.

Supreme Judicial Court of Massachusetts, Middlesex.

January 19, 1993.

Attorney(s) appearing for the Case

Kenneth L. Carson for the plaintiff.

Roger A. Cox for Keizo Nonaka.

Present: LIACOS, C.J., WILKINS, NOLAN, LYNCH, & GREANEY, JJ.

WILKINS, J.

On June 11, 1990, Anthony J. D'Urso shot Keizo Nonaka wounding him seriously. The plaintiff (Merrimack) commenced this action seeking a declaratory judgment that a Merrimack homeowner's insurance policy covering D'Urso as an insured did not provide coverage of Nonaka's claim against D'Urso. That insurance policy excluded coverage for bodily injury "which is expected or intended by the insured." A jury in this action found that

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