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LUMBERMENS MUTUAL CASUALTY COMPANY v. Y.C.N. TRANSPORTATION COMPANY

No. 96-P-1990.

46 Mass. App. Ct. 209 (1999)

LUMBERMENS MUTUAL CASUALTY COMPANY v. Y.C.N. TRANSPORTATION COMPANY, INC.

Court of Appeals of Massachusetts, Norfolk.

January 25, 1999.

Attorney(s) appearing for the Case

Stephen M.A. Woodworth (Jack D. Speranza with him) for the plaintiff.

Karen M. Thursby for the defendant.

Present: KASS, SMITH, & FLANNERY, JJ.

SMITH, J.

Lumbermens Mutual Casualty Company (Lumbermens) brought an action in the Superior Court seeking declaratory relief against its insured, Y.C.N. Transportation Company, Inc. (YCN). At issue was whether Lumbermens had a duty to reimburse YCN for its costs and fees in defending itself from 1986 through 1993 in a tort action filed against it by one Todd Paolucci and others. YCN answered and filed a counterclaim...

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