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JOHN T. CALLAHAN & SONS, INC. v. WORCESTER INSURANCE COMPANY

SJC-10180

453 Mass. 447 (2009)

JOHN T. CALLAHAN & SONS, INC., & another v. WORCESTER INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Middlesex.

March 19, 2009.

Attorney(s) appearing for the Case

Aaron R. White for the plaintiffs.

David F. Hassett (Scott T. Ober with him) for the defendant.

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

BOTSFORD, J.

It is well settled that an insured is entitled to recover reasonable attorney's fees and expenses incurred in successfully establishing the insurer's duty to defend under the terms of the policy. See Preferred Mut. Ins. Co. v. Gamache, 426 Mass. 93, 98 (1997) (Gamache). What happens when the party incurring attorney's fees and expenses to establish the insurer's obligation to defend is not the insured...

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