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THE MONEY STORE/MASSACHUSETTS, INC. v. HINGHAM MUTUAL FIRE INSURANCE COMPANY

430 Mass. 298 (1999)

THE MONEY STORE/MASSACHUSETTS, INC. v. HINGHAM MUTUAL FIRE INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Middlesex.

November 1, 1999.

Attorney(s) appearing for the Case

Ethan Warren for Hingham Mutual Fire Insurance Company.

Robert H. Greene for the plaintiff.

Norman J. Guz, Jr., for Chicopee Savings Bank, submitted a brief.

Alice Olsen Mann, for Alliance of American Insurers, amicus curiae, submitted a brief.

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

GREANEY, J.

We granted an application of Hingham Mutual Fire Insurance Company (Hingham Mutual) for further appellate review in this case. The Appeals Court affirmed a judgment of the Superior Court and held that Hingham Mutual, the homeowner's insurer of residential property that had incurred fire damage as a result of the wrongful act of the owner, was obligated to pay the second mortgagee, the Money Store/ Massachusetts...

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