DORCHESTER MUTUAL INSURANCE COMPANY v. MIVILLE

SJC-13308.

491 Mass. 489 (2023)

DORCHESTER MUTUAL INSURANCE COMPANY v. LEONARD MIVILLE & others.

Supreme Judicial Court of Massachusetts.

March 16, 2023.


Attorney(s) appearing for the Case

Ryan P. Gilday for Leonard Miville.

John P. Graceffa ( Lawrence M. Slotnick also present) for the plaintiff.

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


Once again, we are presented with the question whether, under the terms of a homeowners' insurance policy, certain conduct by an insured constitutes "physical abuse," thereby precluding coverage under a policy exclusion exempting coverage for "[b]odily injury ... arising out of sexual molestation, corporal punishment or physical or mental...

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