Trustees of Tufts University v. Commercial Union Insurance

Trustees of Tufts University (Tufts) commenced this action for declaratory relief against the defendant insurers, Commercial Union Insurance Company (Commercial Union) and St. Paul Fire & Marine Insurance Company (St. Paul), seeking a declaration that the insurers were under a duty to defend Tufts in a liability claim. The insurers moved for summary judgment. A judge in the Superior Court granted the insurers’ motion, and Tufts appealed. We granted the Tufts’ application for direct appellate review.

The following facts are not in dispute. Tufts purchased liability insurance coverage from both…