VERMONT MUTUAL INSURANCE COMPANY v. POIRIER

SJC-13209.

490 Mass. 161 (2022)

VERMONT MUTUAL INSURANCE COMPANY v. PAUL POIRIER & others.

Supreme Judicial Court of Massachusetts, Middlesex.

July 6, 2022.


Attorney(s) appearing for the Case

Peter E. Heppner for the plaintiff.

Timothy P. Wickstrom ( Edward J. Reynolds & Kathleen R. Daigneault also present) for Phyllis Maston.

Laura A. Foggan , of the District of Columbia, & Harry P. Cohen , for American Property Casualty Insurance Association & another, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.


Paul and Jane Poirier's commercial liability insurance policy covered "sums that the insured becomes legally obligated to pay as damages because of `bodily injury.'" This appeal requires us to determine whether that includes the Poiriers' liability for attorney's fees under G. L. c. 93A, § 9(4), in an action for breach of warranty...

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