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CHOW v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY

No. 12-P-1010.

83 Mass. App. Ct. 622 (2013)

ISAAC CHOW v. MERRIMACK MUTUAL FIRE INSURANCE COMPANY.

Appeals Court of Massachusetts, Hampshire.

May 15, 2013.

Attorney(s) appearing for the Case

Mark A. Tanner for the plaintiff.

John E. Garber for the defendant.

Present: COHEN, GREEN, & VUONO, JJ.

GREEN, J.

Sometime during late December, 2006, or early January, 2007, a house owned by the plaintiff and insured under a homeowner's policy issued by the defendant incurred substantial damage when pipes froze, and then burst, releasing large amounts of water into the structure. The defendant denied coverage for the loss, based upon a policy exclusion for damage caused by frozen pipes if (i) the house was unoccupied...

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