SOLIMINE v. MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION

No. 05-P-110.

65 Mass. App. Ct. 782 (2006)

CHARLES SOLIMINE v. MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION.

Appeals Court of Massachusetts, Suffolk.

March 16, 2006.


Attorney(s) appearing for the Case

Gordon E. Feener for the plaintiff.

Michael W. Reilly for the defendant.

Present: Armstrong, C.J., Brown, & Mills, JJ.


MILLS, J.

After discovering an outward bulging of the brick facade of his home in the North End section of Boston, Charles Solimine filed a claim for damages under an all risk homeowner's insurance policy that he had purchased from the defendant insurer, Massachusetts Property Insurance Underwriting Association. Engineers retained by the parties investigated and reported their results. The insurer denied the claim, stating that it was explicitly excluded from the...

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