Legal Opinion

Monticello Insurance v. Dion

Massachusetts Appeals Court

Decided November 3, 2005No. 04-P-766PublishedCited by 21 opinions

1Opinion of the CourtArmstrong, C.J.

Defendant Paul Dion, doing business as All the Answers Tree Service, was making a chain saw cut preparatory to felling a large tree when the tree snapped and fell the wrong way. It struck and killed defendant Price’s decedent, Doreen C. Mellen, who was a cousin of Dion and who had been operating a wood-chipping machine on the same job. It is not unlikely that the noise from the machine made it impossible for Mellen to hear Dion’s shouted warning.

*47Dion carried a commercial general liability policy written by the plaintiff, Monticello Insurance Company (Monticello), which brought this…

2Cases cited10 opinions

  1. Vernon v. SchusterIllinois Supreme Court · 1997
  2. Bituminous Casualty Corporation v. J & L Lumber Company, Inc.Court of Appeals for the Sixth Circuit · 2004
  3. Bagley v. Monticello InsuranceMassachusetts Supreme Judicial Court · 1999
  4. Scribner's CaseMassachusetts Supreme Judicial Court · 1918
  5. American Family Mutual Insurance Co. v. TickleMissouri Court of Appeals · 2003

5 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Western World Insurance Co. v. Mary ArmbrusterCourt of Appeals for the Sixth Circuit · 2014
  2. Scottsdale Insurance v. TorresCourt of Appeals for the First Circuit · 2009
  3. CERTAIN INTERESTED UNDERWRITERS v. StolbergCourt of Appeals for the First Circuit · 2012
  4. GAVAN v. Bituminous Casualty CorporationSupreme Court of Missouri · 2008
  5. Carl's Italian Restaurant v. Truck Insurance ExchangeColorado Court of Appeals · 2007

16 more not listed; retrieve them via the Exa API.

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