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AYER v. IMPERIAL CASUALTY & INDEMNITY CO.

418 Mass. 71 (1994)

634 N.E.2d 571

TOWN OF AYER & another vs. IMPERIAL CASUALTY & INDEMNITY COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

June 9, 1994.

Attorney(s) appearing for the Case

Frank A. Smith, III (Jeffrey J. Clark with him) for the defendant.

Richard L. Neumeier for the plaintiffs.

Robert W. Gardner, Jr., Town Counsel, for the town of Ayer, was present but did not argue.

Present: WILKINS, ABRAMS, O'CONNOR, & GREANEY, JJ.

ABRAMS, J.

The plaintiffs, the town of Ayer and American Employers Insurance Company (American), commenced this action against the defendant, Imperial Casualty & Indemnity Company (Imperial), after Imperial refused to indemnify and defend Ayer in two lawsuits seeking damages for injuries sustained in an automobile accident resulting from a high speed pursuit by an Ayer police officer. On American's motion for partial...

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