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WILKINSON v. CITATION INSURANCE COMPANY

447 Mass. 663 (2006)

JOSEPH WILKINSON & another vs. CITATION INSURANCE COMPANY & another.

Supreme Judicial Court of Massachusetts, Worcester.

November 17, 2006.

Attorney(s) appearing for the Case

Richard W. Jensen (William A. Schneider with him) for the defendants.

James J. Walsh for the plaintiffs.

The following submitted briefs for amici curiae:

Anna K. Bennett for Massachusetts Insurance Federation, Inc.

David L. Elkind & John A. Gibbons, of the District of Columbia, Martin C. Pentz, Jonathan M. Ettinger, & Karen Crocker for Boston Gas Company.

Guy A. Cellucci & Shane Heskin, of Pennsylvania, & David B. Chaffin for Century Indemnity Company.

Laura A. Foggan & John C. Yang, of the District of Columbia, Richard Riley, & William Mekrut for Complex Insurance Claims Litigation Association.

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

CORDY, J.

In Preferred Mut. Ins. Co. v. Gamache, 426 Mass. 93 (1997) (Gamache), and its progeny, we articulated an exception to the "American Rule," under which parties to litigation generally bear the expense of their own attorney's fees regardless of the outcome of the case. The Gamache exception allows those who purchase insurance contracts containing a duty to defend provision to recover their attorney...

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