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INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA v. GREAT NORTHERN INSURANCE COMPANY

No. SJC-11897.

473 Mass. 745 (2016)

INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, vs. GREAT NORTHERN INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

March 7, 2016.

Attorney(s) appearing for the Case

Barbara I. Michaelides , of Illinois ( Aaron S. Bayer , of Connecticut, with her) for the plaintiff.

Jennifer C. Sheehan ( Richard J. Shea with her) for the defendant.

Laura Meyer Gregory , for Massachusetts Defense Lawyers Association, amicus curiae, submitted a brief.

Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

The United States Court of Appeals for the First Circuit certified the following question to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981):

"Where two workers' compensation insurance policies provide coverage for the same loss, may an insured elect which of its insurers is to defend and indemnify...

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