PREFERRED MUTUAL INSURANCE COMPANY v. GAMACHE


426 Mass. 93 (1997)

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

Supreme Judicial Court of Massachusetts, Bristol.

November 7, 1997.


Attorney(s) appearing for the Case

Edward L. Kirby, Jr. (Dina B. Browne with him) for the plaintiff.

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

Raymond A. Letourneau for James G. Gamache.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, & MARSHALL, JJ.


GREANEY, J.

In this declaratory judgment action, summary judgment entered in the Superior Court declaring that the plaintiff, Preferred Mutual Insurance Company (Preferred), had no duty under its homeowner's policy either to defend or to indemnify its insured, the defendant James G. Gamache, in connection with a tort action for damages brought by a police officer, Henry P. Andrade, Jr., who was injured when Gamache resisted arrest. The Appeals Court concluded that...

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