LOVELY v. HANOVER INSURANCE COMPANIES


1996 Mass. App. Div. 128 (1996)

Christopher Lovely v. Hanover Insurance Companies, and another

Massachusetts Appellate Division, Southern District.

August 5, 1996.


Attorney(s) appearing for the Case

Joseph P. Greelish, Jr., for the plaintiff.

William T. Kennedy for the defendants.

Present: Martin, P.J., Hurley & Aguiar, JJ.


Martin, J.

The case involves a challenge to the denial of an insurance claim by the plaintiff, Christopher Lovely. The trial judge granted summary judgment. We reverse and remand for trial.

The issue in the case is: did the plaintiff maintain heat in an empty building where the pipes froze and burst. The issue of the frozen pipes is the central material issue in the case that is disputed by both parties. The evidence is contradictory concerning when oil was...

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