FMR CORP. v. BOSTON EDISON CO.


415 Mass. 393 (1993)

613 N.E.2d 902

FMR CORPORATION vs. BOSTON EDISON COMPANY. MAY COMPANY & another vs. BOSTON EDISON COMPANY & another; EMPLOYERS INSURANCE OF WAUSAU, third-party defendant.

Supreme Judicial Court of Massachusetts, Suffolk.

June 3, 1993.


Attorney(s) appearing for the Case

Francis M. Lynch for FMR Corporation.

Thomas D. Burns (Lawrence J. McNally, Jr., with him) for Boston Edison Company.

Ralph C. Copeland for May Company & another.

Leonard F. Zandrow, Jr. (Robert M. Hacking with him) for F.L. Kelley, Inc.

Alice Olsen Mann for Employers Insurance of Wausau.

Present: LIACOS, C.J., LYNCH, O'CONNOR, & GREANEY, JJ.


LYNCH, J.

The plaintiffs in these consolidated cases seek recovery for physical damage on counts for negligence and breach of contract. They appeal from summary judgments for the defendants, Boston Edison Company (Edison) and F.L. Kelley, Inc. (Kelley); Edison in turn appeals from the dismissal of its claim against Employers Insurance of Wausau (Wausau) for refusing to defend. We transferred the cases here on our own motion.1 We affirm...

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