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LODGE CORPORATION v. ASSURANCE COMPANY OF AMERICA

No. 98-P-1658.

56 Mass. App. Ct. 195 (2002)

LODGE CORPORATION v. ASSURANCE COMPANY OF AMERICA.

Court of Appeals of Massachusetts, Middlesex.

October 4, 2002.

Attorney(s) appearing for the Case

James S. Franchek for the plaintiff.

James S. Harrington for the defendant.

Present: PERRETTA, KAPLAN, & BECK, JJ.

PERRETTA, J.

In March, 1994, Lodge Corporation (Lodge), a building contractor, obtained a builder's risk insurance policy from Assurance Company of America (Assurance).1 The policy provided retroactive coverage for a construction site commenced in the previous month upon compliance with certain reporting provisions and a monthly rate endorsement which provides that the "starting date for the purpose of this report is the date when you...

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