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HANOVER INSURANCE COMPANY v. GOLDEN

436 Mass. 584 (2002)

HANOVER INSURANCE COMPANY v. CATHERINE GOLDEN & another.

Supreme Judicial Court of Massachusetts, Middlesex.

April 26, 2002.

Attorney(s) appearing for the Case

John D. Boyle (Patrick H. Millina with him) for the plaintiff.

Andrew Aloisi (Liam J. Vesely with him) for the defendants.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

SPINA, J.

We granted further appellate review in this case to consider the question of an insurer's liability to its insureds for reasonable attorney's fees incurred to establish the insurer's duty to defend, where the insurer had neither failed nor refused to defend the insured. See Hanover Ins. Co. v. Golden, 51 Mass.App.Ct. 465 (2001). We agree with the Appeals Court and hold that, if an action for declaratory...

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