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TOWN OF MIDDLEBOROUGH v. MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT

No. 97-P-2030.

47 Mass. App. Ct. 655 (1999)

TOWN OF MIDDLEBOROUGH v. MIDDLEBOROUGH GAS & ELECTRIC DEPARTMENT.

Court of Appeals of Massachusetts, Plymouth.

September 2, 1999.

Attorney(s) appearing for the Case

Roger A. Emanuelson for the plaintiff.

Vincent L. DiCianni for the defendant.

Present: KASS, DREBEN, & JACOBS, JJ.

KASS, J.

More than a decade ago, on August 8, 1988, the Henry B. Burkland School in Middleborough, a public school, was partially destroyed by fire. The town's insurer, United Community Insurance Company (United), indemnified the town in excess of $4,000,000 for the cost of rebuilding and re-equipping the school. By that payment, United, by the terms of its insurance contract with the town, was subrogated to the town's rights against any person liable for the fire...

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