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AMERICAN HOME ASSURANCE COMPANY v. FIRST SPECIALTY INSURANCE CORPORATION

No. 07-P-699.

73 Mass. App. Ct. 1 (2008)

AMERICAN HOME ASSURANCE COMPANY v. FIRST SPECIALTY INSURANCE CORPORATION.

Appeals Court of Massachusetts, Suffolk.

October 20, 2008.

Attorney(s) appearing for the Case

James J. Duane, III (Andrew R. Weiner with him) for the plaintiff.

Robert P. Powers for the defendant.

Present: KAFKER, DREBEN, & WOLOHOJIAN, JJ.

DREBEN, J.

The issue before us is which of two insurance companies is liable for the injuries of David A. Bone, an employee of J.P. Noonan Transportation, Inc. (Noonan), who was injured while loading oil at an oil terminal operated by Global Companies, LLC (Global). Although vehicles were loaded from the top, which was ten feet from the ground, the terminal did not have a protective guardrail for the passenger's side of a vehicle being loaded, and there was evidence...

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