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QUINCY MUTUAL FIRE INS. CO. v. WESTERN SURETY

No. 93-P-1276.

37 Mass. App. Ct. 580 (1994)

641 N.E.2d 141

QUINCY MUTUAL FIRE INSURANCE COMPANY vs. WESTERN SURETY COMPANY.

Appeals Court of Massachusetts, Plymouth.

November 1, 1994.

Attorney(s) appearing for the Case

Frank L. Fragomeni for the plaintiff.

Michael Eby for the defendant.

Present: DREBEN, GREENBERG, & LAURENCE, JJ.

DREBEN, J.

Alleging that Malcolm Jackson, the conservator of the property of Alice Williams, acted negligently in failing to heat her property, causing severe water damage to her home and its contents, Quincy Mutual Fire Insurance Company (Quincy) brought this action against Jackson and against Western Surety Company (Western), the surety on Jackson's bond. Western moved to dismiss the count against it for lack of subject matter jurisdiction and for failure to state...

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