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HANOVER INSURANCE COMPANY v. RAPO & JEPSEN INSURANCE SERVICES, INC.

449 Mass. 609 (2007)

HANOVER INSURANCE COMPANY vs. RAPO & JEPSEN INSURANCE SERVICES, INC., & others.

Supreme Judicial Court of Massachusetts, Suffolk.

August 3, 2007.

Attorney(s) appearing for the Case

John A. Kiernan (Valerie N. Kloecker with him) for Rapo & Jepsen Insurance Services, Inc.

Roberta R. Fitzpatrick (Laurence A. Schoen with her) for Arbella Mutual Insurance Company.

Owen Gallagher (Kara Larzelere with him) for the plaintiff.

The following submitted briefs for amici curiae:

John A. Shope & Katherine B. Schmeckpeper for Boston Bar Association.

Ben Robbins, Martin J. Newhouse, & Jo Ann Shotwell Kaplan, for New England Legal Foundation & another.

William J. Leahy, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Present: Marshall, C.J., Greaney, Ireland, Spina, & Cowin, JJ.

SPINA, J.

In this case we formally recognize the longstanding use and validity of joint defense agreements, an exception to waiver of the attorney-client privilege under the common interest doctrine.2

This is an interlocutory appeal from discovery orders in a civil action in Superior Court in which the Hanover Insurance Company (Hanover) alleges that the defendants, Rapo & Jepsen Insurance Services, Inc. (Rapo & Jepsen...

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