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CULLEN ENTERPRISES v. MASS. PROPERTY INS. UNDER. ASSOC

399 Mass. 886 (1987)

507 N.E.2d 717

CULLEN ENTERPRISES, INC. & another vs. MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION.

Supreme Judicial Court of Massachusetts, Suffolk.

May 13, 1987.

Attorney(s) appearing for the Case

Paul M. Lane for Vincent Losinno.

Mark F. Sullivan for James B. Cullen.

Francis M. Lynch (Frank T. Barber, III, with him) for the defendant.

Present: HENNESSEY, C.J., WILKINS, LIACOS, ABRAMS, & NOLAN, JJ.

ABRAMS, J.

This case involves claims of the plaintiffs — Vincent Losinno, trustee in bankruptcy of Cullen Enterprises, Inc., and James B. Cullen — against the defendant, Massachusetts Property Insurance Underwriting Association ("Fair Plan"),3 for proceeds under a fire insurance policy issued in compliance with G.L.c. 175, § 99, by the Fair Plan to Cullen Enterprises.

The basic facts are as follows.

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