AGUIAR v. GENERALI ASSICURAZIONI INSURANCE COMPANY

No. 97-P-253.

47 Mass. App. Ct. 687 (1999)

LOUIS F. AGUIAR & others v. GENERALI ASSICURAZIONI INSURANCE COMPANY.

Court of Appeals of Massachusetts, Bristol.

September 9, 1999.


Attorney(s) appearing for the Case

Christopher F. Long for the plaintiffs.

Michael D. Chefitz for the defendant.

Present: KASS, JACOBS, & LAURENCE, JJ.


KASS, J.

On November 5, 1992, fire destroyed an unoccupied restaurant owned by the plaintiffs, Louis F. Aguiar and Fernando N. Lopes, as tenants in common. Aguiar gave notice of the loss to the defendant insurer, Generali Assicurazioni Insurance Company (Generali), which denied coverage. There were two principal grounds for that denial: (1) the policy contained a provision, mandated by statute, that liability for loss from fire would not attach should the insured...

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