COMMERCE INSURANCE CO. v. BETTY CAPLETTE BUILDERS, INC.


420 Mass. 87 (1995)

COMMERCE INSURANCE COMPANY vs. BETTY CAPLETTE BUILDERS, INC., & another.

Supreme Judicial Court of Massachusetts, Worcester.

April 14, 1995.


Attorney(s) appearing for the Case

Charles B. Straus, III, for the defendants.

Philip J. MacCarthy for the plaintiff.

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


O'CONNOR, J.

The question before us in this appeal is whether a house built and sold by a builder and developer of residential real estate is a "product" for purposes of a product exclusion in the developer's comprehensive general liability insurance policy. We answer that question, "Yes." Accordingly, we affirm the judgment of the Superior Court.

The following are the material undisputed facts. The plaintiff, Commerce Insurance Company (Commerce), issued...

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