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DARCY v. HARTFORD INS. CO.; ROYAL GLOBE INS. CO.

407 Mass. 481 (1990)

554 N.E.2d 28

LILLIAN DARCY & another vs. THE HARTFORD INSURANCE COMPANY & another; ROYAL GLOBE INSURANCE COMPANY, third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

May 22, 1990.

Attorney(s) appearing for the Case

Roger A. Emanuelson (William P. Smith with him) for Royal Globe Insurance Company.

Joseph G. Abromovitz for the plaintiffs.

Peter C. Kober, for The Hartford Insurance Company, was present but did not argue.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.

GREANEY, J.

After trial, a judge in the Superior Court concluded that Lillian Darcy and Mary Iglesias (plaintiffs), and third-party plaintiff, The Hartford Insurance Company (Hartford), could recover the proceeds of a liability insurance policy issued by Royal Globe Insurance Company (Royal Globe). Royal Globe has appealed, claiming that the delay in notice of the plaintiffs' claims, and the failure of its insured to cooperate, permitted Royal Globe to disclaim coverage...

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