[DOWNLOAD] "Vappi & Co. v. Aetna Casualty & Surety" by Supreme Judicial Court of Massachusetts * eBook PDF Kindle ePub Free

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eBook details

• Title: Vappi & Co. v. Aetna Casualty & Surety
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 02, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Under a provision in a general liability insurance policy requiring the insurer to defend "any suit against . . . [the insured]
alleging . . . injury . . . [covered by the policy] even if such suit is groundless," the insurer's obligation to defend a
proceeding against the insured was determined by the nature of the allegations made by the claimant therein. [430] In proceedings against a contractor doing construction work, an alleged claim for deprivation of access to adjacent property
through the contractor's closing a passageway was not within the coverage of a general liability policy insuring the contractor
against liability for "injury to . . . property . . . caused by accident," nor within an obligation of the insurer under the
policy to defend a proceeding against the contractor "alleging such injury" [430]; but such obligation to defend was applicable
to certain other alleged claims against the contractor which were based on negligence on his part causing water to flow onto
the adjacent property and causing injury to buildings thereon by vibrations from trucks and equipment and which were stated
in such terms that they could be regarded as asserting injury by "accident" not clearly within an exclusion from coverage
in the policy of injury due to "grading," "excavation," "filling," and other specified activities [431-432].

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