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CHICAGO INSURANCE COMPANY v. LAPPIN

No. 01-P-792.

58 Mass. App. Ct. 769 (2003)

CHICAGO INSURANCE COMPANY v. ROBERT S. LAPPIN & others.

Court of Appeals of Massachusetts, Suffolk.

August 7, 2003.

Attorney(s) appearing for the Case

Natasha C. Lisman for the plaintiff.

Thomas V. Urmy, Jr. (Michelle H. Blauner with him) for the defendants.

Christine Hughes, for New England Legal Foundation, amicus curiae, submitted a brief.

Present: BROWN, GREENBERG, & MASON, JJ.

BROWN, J.

Chicago Insurance Company (Chicago) rescinded a malpractice insurance policy issued to attorneys Robert Lappin and Stanley Brooks and denied its duty to defend them. After a bench trial in Chicago's action seeking a judgment declaring its right to do so, a judge of the Superior Court found the policy to be in force and Chicago to be in breach of its duty. Various subsidiary rulings alternately salted and soothed the parties' wounds, bringing us here.

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