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RELIANCE INSURANCE COMPANY v. CITY OF BOSTON

No. 07-P-66.

71 Mass. App. Ct. 550 (2008)

RELIANCE INSURANCE COMPANY vs. CITY OF BOSTON & others.

Appeals Court of Massachusetts, Norfolk.

April 14, 2008.

Attorney(s) appearing for the Case

Bradford R. Carver (Marissa I. Delinks with him) for Reliance Insurance Company.

Eve A. Piemonte Stacey for city of Boston.

Jay S. Gregory for Hezekiah Pratt & Associates, Inc., & another.

Present: Cowin, Cohen, & Graham, JJ.

COWIN, J.

Reliance Insurance Company (Reliance), having provided performance and payment bonds to E.J. Sciaba Contracting Co., Inc. (Sciaba), a general contractor, in connection with a project of the department of neighborhood development of the city of Boston (city), paid Sciaba's debt to CJM Services, Inc. (CJM), a subcontractor.4 Reliance, as subrogee of Sciaba, sought to recover the payment from the city. The city in turn asserted...

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