New London County Mutual Insurance v. Matthews

Plaintiff, New London County Mutual Insurance Company (“New London”), brings this action for declaratory judgment pursuant to G.L.c. 231A, and now moves for summary judgment seeking a judicial declaration of its duties and obligations under Homeowner’s Policy H5000749 issued to Carol Marino (“Marino”) for a claim for bodily injuries brought by Marino’s grandson, Richard Michael Matthews (“Matthews”). Plaintiff alleges that Matthews qualifies as an “Insured” and therefore is excluded from coverage for bodily injury under the policy. Defendant, Matthews, alleges that because he was merely a…