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CITATION INSURANCE COMPANY v. GOMEZ; ISU ANDERSON AND BAKER INSURANCE SERVICES, INC

426 Mass. 379 (1998)

CITATION INSURANCE COMPANY v. BRENDA GOMEZ & others; ISU ANDERSON AND BAKER INSURANCE SERVICES, INC., third-party defendant.

Supreme Judicial Court of Massachusetts, Essex.

January 6, 1998.

Attorney(s) appearing for the Case

John G. Ryan (Edward M. Joyce, Jr., with him) for the plaintiff.

Thomas J. Delaney for Brenda Gomez & others.

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

ABRAMS, J.

The plaintiff, Citation Insurance Company (Citation), filed a complaint in the Superior Court seeking a declaration that it has no duty to defend and indemnify its insureds, the defendants Brenda and Roger Gomez, for losses asserted by a minor who was injured while playing on an abandoned structure on the Gomezes' land. See G. L. c. 231A. On cross motions for summary judgment the Superior Court judge allowed the Gomezes' motion for summary judgment and...

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