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COMMERCE INSURANCE COMPANY v. SZAFAROWICZ

SJC-12655, SJC-12656.

483 Mass. 247 (2019)

COMMERCE INSURANCE COMPANY v. JUSTINA M. SZAFAROWICZ, special representative, & others. JUSTINA M. SZAFAROWICZ, special representative, v. MATTHEW S. PADOVANO & others.

Supreme Judicial Court of Massachusetts, Worcester.

October 1, 2019.

Attorney(s) appearing for the Case

John P. Graceffa ( Lawrence M. Slotnick also present) for Commerce Insurance Company.

David R. Bikofsky & Michael K. Gillis ( Joseph I. Rogers also present) for Justina M. Szafarowicz & others.

Stephanie V. Corrao & Laura A. Foggan , of the District of Columbia, Richard J. Riley , & Peter C. Kober , for Complex Insurance Claims Litigation Association & another, amici curiae, submitted a brief.

Kim V. Marrkand & Mathilda S. McGee-Tubb , for Massachusetts Insurance and Reinsurance Bar Association, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, GAZIANO, LOWY, BUDD, CYPHER, & KAFKER, JJ.

These appeals present three issues that arise where a motor vehicle insurer recognizes its duty to defend its insureds in a wrongful death action, but does so under a reservation of rights, and then brings a separate action seeking a declaratory judgment that it owes no duty to indemnify its insureds for damages arising from the wrongful...

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