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PREFERRED MUTUAL INSURANCE COMPANY v. GAMACHE

No. 95-P-685.

42 Mass. App. Ct. 194 (1997)

PREFERRED MUTUAL INSURANCE COMPANY v. JAMES G. GAMACHE & another.

Court of Appeals of Massachusetts, Bristol.

February 5, 1997.

Attorney(s) appearing for the Case

J. Michael Conley for Henry P. Andrade, Jr.

Raymond A. Letourneau for James G. Gamache.

Edward L. Kirby, Jr., for the plaintiff.

Present: IRELAND, LAURENCE, & FLANNERY, JJ.

FLANNERY, J.

James Gamache and Henry Andrade, Jr., appeal from a summary judgment entered for Preferred Mutual Insurance Company (Preferred) declaring that Preferred had no duty to defend or indemnify Gamache for claims under a homeowner's policy for injuries sustained by Andrade, a New Bedford police officer, as he arrested Gamache. A Superior Court judge decided that the policy's coverage exclusion for injuries resulting from the intentional act of an insured relieved...

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