AQUINO v. UNITED PROPERTY & CASUALTY COMPANY

SJC-12705.

483 Mass. 820 (2020)

WENDA AQUINO v. UNITED PROPERTY & CASUALTY COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 21, 2020.


Attorney(s) appearing for the Case

Seth H. Hochbaum for the plaintiff.

David F. Hassett ( Michael S. Melville also present) for the defendant.

The following submitted briefs for amici curiae:

Michael L. Snyder for Metropolitan Property and Casualty Insurance Company.

Kathy Jo Cook , Thomas R. Murphy , Kevin J. Powers , Patrick M. Groulx , & John G. Mateus for Massachusetts Academy of Trial Attorneys.

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


The plaintiff, Wenda Aquino, owned a home as a tenant in common with her fiancé, Kelly Pastrana. Both were named coinsureds on a homeowners' insurance policy issued by defendant United Property & Casualty Insurance Company (insurer). Pastrana set fire to the home intentionally without any involvement on the part of the plaintiff...

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