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PORTER v. CLARENDON NATIONAL INSURANCE COMPANY

No. 09-P-964.

76 Mass. App. Ct. 655 (2010)

RYAN PORTER, trustee, & another v. CLARENDON NATIONAL INSURANCE COMPANY & another.

Appeals Court of Massachusetts, Norfolk.

April 26, 2010.

Attorney(s) appearing for the Case

Owen P. McGowan for the plaintiffs.

Samuel M. Furgang for Clarendon National Insurance Company

Steven J. Bolotin for Greater New York Mutual Insurance Company.

Present: CYPHER, KAFKER, & TRAINOR, JJ.

KAFKER, J.

General liability insurers dispute which of them had a duty to defend the insured, 1915 Beacon Street Condominium Trust, in a 2004 lawsuit for trespass. The trespass claim arose out of a misplaced retaining wall and the construction of two parking spaces on property abutting the insured's. The defendant insurers argue that the complaint in that 2004 lawsuit limited the claim for damages to periods after...

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