Preferred Mutual Insurance v. Gamache

In this declaratory judgment action, summary judgment entered in the Superior Court declaring that the plaintiff, Preferred Mutual Insurance Company (Preferred), had no duty under its homeowner’s policy either to defend or to indemnify its insured, the defendant James G. Gamache, in connection with a tort action for damages brought by a police officer, Henry P. Andrade, Jr., who was injured when Gamache resisted arrest. The Appeals Court concluded that (1) Preferred *94had a duty to defend Gamache in the action brought by Andrade and had violated that duty, and (2) a genuine issue of material…