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FEINBERG v. COMMERCIAL UNION INSURANCE COMPANY

No. 99-P-1889.

54 Mass. App. Ct. 587 (2002)

STEVEN K. FEINBERG, trustee, v. COMMERCIAL UNION INSURANCE COMPANY & another.

Court of Appeals of Massachusetts, Essex.

April 26, 2002.

Attorney(s) appearing for the Case

Stephanie A. Kiefer for the plaintiff.

Kevin J. O'Connor (Peter G. Hermes with him) for Commercial Union Insurance Company.

Paul M. Richardson for Merchants Mutual Insurance Company.

Laura A. Foggan, Daniel E. Troy, & Timothy R. Holbrook, of the District of Columbia, & Michael R. Coppock & Carlene A. Pennell, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

Present: JACOBS, KANTROWITZ, & KAFKER, JJ.

KANTROWITZ, J.

The plaintiff commenced this action3 against Commercial Union Insurance Company (Commercial Union), Merchants Mutual Insurance Company, also known as Merchants Insurance Group (Merchants), and several other insurance companies,4 seeking a declaration that the general liability insurance policies issued by those insurers obligated them to defend...

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