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LIBERTY MUTUAL INS. CO. v. WOLFE

7 Mass. App. Ct. 263 (1979)

386 N.E.2d 1303

LIBERTY MUTUAL INSURANCE COMPANY vs. ROBERT L. WOLFE & others.

Appeals Court of Massachusetts, Norfolk.

March 21, 1979.

Attorney(s) appearing for the Case

Isaac Prager (Joseph D. Wishnow with him) for Robert L. Wolfe.

Stephen T. Keefe, Jr., for the plaintiff.

Present: HALE, C.J., GRANT, & ARMSTRONG, JJ.

ARMSTRONG, J.

The plaintiff (Liberty) sought and obtained in the Superior Court a declaration that its purported cancellation of the defendant Wolfe's automobile insurance policy on October 26, 1973, was valid and that, in consequence, it has no obligation to defend Wolfe in a pending action for wrongful death and conscious suffering.

The findings of the trial judge concerning the circumstances of the cancellation...

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