Legal Opinion

Commerce Insurance v. Betty Caplette Builders, Inc.

Massachusetts Supreme Judicial Court

Decided April 14, 1995PublishedCited by 32 opinions

1Opinion of the CourtO’Connor, J.

The question before us in this appeal is whether a house built and sold by a builder and developer of residential real estate is a “product” for purposes of a product exclusion in the developer’s comprehensive general liability insurance policy. We answer that question, “Yes.” Accordingly, we affirm the judgment of the Superior Court.

The following are the material undisputed facts. The plaintiff, Commerce Insurance Company (Commerce), issued *88to Doris E. Caplette and, by amendment, to Betty Caplette Builders, Inc. (referred to collectively as “Caplette” unless otherwise indicated), a…

2Cases cited13 opinions

  1. Weedo v. Stone-E-Brick, Inc.Supreme Court of New Jersey · 1979
  2. Gene & Harvey Builders, Inc. v. Pennsylvania Manufacturers' Ass'nSupreme Court of Pennsylvania · 1986
  3. Indiana Insurance v. DeZuttiIndiana Supreme Court · 1980
  4. U. S. Fire Insurance Co. v. ColverAlaska Supreme Court · 1979
  5. Pittsburgh Bridge and Iron Works v. Liberty Mutual Insurance CompanyCourt of Appeals for the Third Circuit · 1971

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

3Cited by32 opinions

  1. Vicor Corp. v. Vigilant InsuranceCourt of Appeals for the First Circuit · 2012
  2. Lamar Homes, Inc. v. Mid-Continent Casualty Co.Texas Supreme Court · 2007
  3. Essex Insurance v. Bloomsouth Flooring Corp.Court of Appeals for the First Circuit · 2009
  4. American Home Assurance Co. v. AGM Marine Contractors, Inc.Court of Appeals for the First Circuit · 2006
  5. Rubenstein v. Royal Insurance of AmericaMassachusetts Appeals Court · 1998

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

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