JAMES J. MAWN ENTERPRISES, INC. v. LIQUOR LIABILITY JOINT UNDERWRITING ASSOCIATION

No. 94-P-2019.

42 Mass. App. Ct. 417 (1997)

JAMES J. MAWN ENTERPRISES, INC. v. LIQUOR LIABILITY JOINT UNDERWRITING ASSOCIATION.

Court of Appeals of Massachusetts, Suffolk.

April 3, 1997.


Attorney(s) appearing for the Case

Gerald T. Anglin for the plaintiff.

Tamara S. Wolfson for the defendant.

Present: ARMSTRONG, PERRETTA, & KASS, JJ.


PERRETTA, J.

On January 8, 1992, a patron of the Emerald Isle Bar was hit on the head with a beer bottle and stabbed with a knife. The bar was owned and operated by the plaintiff, James J. Mawn Enterprises, Inc. (Mawn). When the patron brought suit against Mawn in 1993, Mawn notified its insurer, the defendant Liquor Liability Joint Underwriting Association (JUA), which refused to defend or to indemnify on the basis that the injury was sustained prior to the retroactive...

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