Three Sons, Inc. v. Phoenix Insurance

This is a bill for declaratory relief seeking to establish the obligations of The Phoenix Insurance Com pany (defendant) to defend and pay judgments in pending tort actions. A final decree in favor of the plaintiff was entered from which the defendant appealed. The judge made a report of material facts, and the evidence, all of which is documentary, is reported.

The plaintiff was licensed under G. L. c. 138 as a seller of alcoholic beverages to be drunk on the premises. The defendant insured the plaintiff under a general liability policy, for “all sums which the insured shall become legally…