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HDH CORPORATION v. ATLANTIC CHARTER INSURANCE COMPANY

425 Mass. 433 (1997)

HDH CORPORATION v. ATLANTIC CHARTER INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

July 14, 1997.

Attorney(s) appearing for the Case

Harold Hestnes (Mary Jo Johnson with him) for the insurer.

Henry F. Furman (J. Albert Johnson with him) for the employer.

The following submitted briefs for amici curiae:

James J. Moran, Paul W. Goodrich & Joyce E. Davis for Independent Property-Casualty Insurers of Massachusetts, Inc., & others.

John P. Ryan & Myles W. McDonough for Hartford Insurance Company.

Paul E.B. Glad & Rhonda V. Magee, of California, Craig A. Berrington & Bruce C. Wood, of the District of Columbia, & Suzanne M. Bump, for American Insurance Association & others.

Cynthia L. Amara & Stephen S. Ostrach for New England Legal Foundation.

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

ABRAMS, J.

The primary question presented is whether a workers' compensation insurer has a duty to defend an insured employer in a civil action brought by an employee who has not preserved her right of action at common law. See G. L. c. 152, § 24.1 A former employee of the plaintiff, HDH Corporation (HDH), brought an action against HDH in the Superior Court, seeking damages for emotional distress, lost wages, and lost benefits caused...

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