MIDDLESEX MUTUAL FIRE INS. CO. v. FIREMAN'S FUND INS.


336 Mass. 315 (1957)

145 N.E.2d 723

MIDDLESEX MUTUAL FIRE INSURANCE COMPANY vs. FIREMAN'S FUND INSURANCE COMPANY & others.

Supreme Judicial Court of Massachusetts, Hampden.

November 6, 1957.


Attorney(s) appearing for the Case

Harry M. Ehrlich, (J. Leo Dowd with him,) for the defendant Kelleher & Mixer, Inc.

Mayo A. Darling, for the plaintiff.

Present: WILKINS, C.J., SPALDING, WILLIAMS, COUNIHAN, & CUTTER, JJ.


SPALDING, J.

This is in essence a bill in equity to determine the liability of two insurance companies with respect to an automobile insurance policy issued by each. Many of the facts were incorporated in a statement of agreed facts which was adopted by the judge in his report of material facts. The evidence is not reported.

On January 3, 1952, Middlesex Mutual Fire Insurance Company (hereinafter called Middlesex) issued an "automobile policy" of insurance...

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