CLARENDON NATIONAL INSURANCE COMPANY v. AMICA MUTUAL INSURANCE COMPANY


441 Mass. 248 (2004)

CLARENDON NATIONAL INSURANCE COMPANY v. AMICA MUTUAL INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 19, 2004.


Attorney(s) appearing for the Case

Ira Lipsius, of New York (Peter J. Pingitore & John R. Chayrigues with him) for Clarendon National Insurance Company.

John G. Ryan for Commerce Insurance Company.

Peter G. Hermes (Gina A. Fonte with him) for Commercial Union Insurance Company.

Charles F. Corcoran, for Amica Mutual Insurance Company, was present but did not argue.

Marc LaCasse, for Liberty Mutual Insurance Company, was present but did not argue.

Richard A. McGovern, for Premier Insurance Company, was present but did not argue.

John P. Graceffa, for Peoples Service Insurance Company, was present but did not argue.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & SOSMAN, JJ.


SPINA, J.

Clarendon National Insurance Company (Clarendon) commenced an action seeking a declaration that the coverage afforded under the automobile liability insurance policies it issued to nine rental car companies was excess over any other valid and collectible insurance available to rental customers under their personal motor vehicle insurance policies. Clarendon based its claim on two policy endorsements that it had...

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