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SPENCER PRESS, INC. v. UTICA MUTUAL INSURANCE COMPANY

No. 95-P-2017.

42 Mass. App. Ct. 631 (1997)

SPENCER PRESS, INC. v. UTICA MUTUAL INSURANCE COMPANY & others.

Court of Appeals of Massachusetts, Middlesex.

May 16, 1997.

Attorney(s) appearing for the Case

Walter R. May, Jr. (Mark C. McCrystal with him) for the plaintiff.

John G. Ryan (Susan E. Ireland with him) for the Utica Mutual Insurance Company.

Present: PERRETTA, KASS, & JACOBS, JJ.

KASS, J.

We decide that the errors and omissions insurance carried by Spencer Press, Inc. (Spencer), did not cover as an insured loss the cost to Spencer of defective mail order catalogs returned, or not paid for, by Spencer's customer, Deerskin Trading Post (Deerskin), or refunds that Spencer had to pay to Deerskin. That conclusion accords with a judgment for the insurer ordered by the judge of the Superior Court who heard the case. As she put it: "The exclusion...

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