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HERBERT A. SULLIVAN, INC. v. UTICA MUTUAL INSURANCE COMPANY

439 Mass. 387 (2003)

HERBERT A. SULLIVAN, INC., & others v. UTICA MUTUAL INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

May 16, 2003.

Attorney(s) appearing for the Case

Lon A. Berk (Anna M. Stafford, of Virginia, & Russell F. Conn with him) for the defendant.

William A. McCormack for the plaintiffs.

Richard J. Riley & Peter C. Kober for Complex Insurance Claims Litigation Association & another, amici curiae, submitted a brief.

Owen Gallagher for Gallagher & Associates, P.C., amicus curiae, submitted a brief.

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

SPINA, J.

In this complex case, we consider the obligations of an insurance company, and the counsel it hires, to defend an insured against a third-party claim. The plaintiffs, collectively known as Sullivan Risk Management Group (SRMG), commenced an action against Utica Mutual Insurance Company (Utica Mutual), seeking damages for Utica Mutual's alleged failure to provide SRMG with an adequate defense to claims brought against it by St. Mary's Refining Company (St...

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