NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY v. MORRISON

SJC-10513

456 Mass. 463 (2010)

NORFOLK & DEDHAM MUTUAL FIRE INSURANCE COMPANY v. ELLEN MORRISON & others.

Supreme Judicial Court of Massachusetts, Essex.

April 8, 2010.


Attorney(s) appearing for the Case

Peter G. Hermes (Adam J. Combies & Jeffrey P. Hermes with him) for the defendants.

Robert F. Feeney (Jenny I. Tibbetts with him) for the plaintiff.

The following submitted briefs for amici curiae:

Christopher A. Kenney, David R. Kerrigan, & Brian A. O'Connell for Massachusetts Defense Lawyers Association.

John Pagliaro & Martin J. Newhouse for New England Legal Foundation & others.

Myles W. McDonough, Anthony J. Antonellis, & Nicholas W. Schieffelin for Frozen Four, LLC.

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


CORDY, J.

The appeal in this declaratory judgment action requires us to determine whether two provisions in a commercial lease violate G. L. c. 186, § 15, a statute which, essentially, voids lease provisions that require tenants to indemnify landlords or exonerate them from liability for their own negligence. One of the provisions (liability provision) provides that as between the tenant and the landlord, the tenant is responsible for all injuries arising out...

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