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WAUGH v. UTICA MUTUAL INS. CO.

358 Mass. 478 (1970)

265 N.E.2d 503

MAY J. WAUGH vs. UTICA MUTUAL INSURANCE COMPANY & others (and two companion cases).

Supreme Judicial Court of Massachusetts, Suffolk.

December 30, 1970.

Attorney(s) appearing for the Case

Hugh L. Moore, Jr., for Utica Mutual Insurance Company.

Arthur S. Hill for Hudson Cooperative Bank.

Martin S. Rosenblatt for May J. Waugh.

Jack B. Levenson, for 1st Local Mortgage, Inc., submitted a brief.

Present: TAURO, C.J., SPALDING, CUTTER, REARDON, & QUIRICO, JJ.

TAURO, C.J.

By this bill of complaint Mrs. Waugh (the plaintiff) seeks to recover for a fire loss on a policy issued by the defendant Utica Mutual Insurance Company (Utica). The other defendants are mortgagees of the property: Hudson Cooperative Bank, first mortgagee; 1st Local Mortgage, Inc., second mortgagee; and City Bank and Trust Company, third mortgagee. The mortgagees were restrained from foreclosing pending determination of the plaintiff's suit.

The...

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