Legal Opinion

Jefferson Insurance Co. of New York v. City of Holyoke

Massachusetts Appeals Court

Decided February 6, 1987PublishedCited by 118 opinions

1Opinion of the CourtSmith, J.

The city of Holyoke appeals from a judgment entered in the Superior Court in favor of Jefferson Insurance Company of New York (Jefferson). The facts are not in dispute.

On or about September 20, 1979, Sandra J. Smigiel was taken into protective custody by members of the Holyoke police department. She committed suicide by hanging herself while still in protective custody. Jefferson had issued an insurance policy to Holyoke insuring the police department and its members against certain risks. The policy carried an exclusionary clause that read as follows:

“This policy does not apply: . . . (i) To…

2Cases cited14 opinions

  1. Cody v. Connecticut General Life InsuranceMassachusetts Supreme Judicial Court · 1982
  2. Barnstable County Mutual Fire Insurance v. LallyMassachusetts Supreme Judicial Court · 1978
  3. Ober v. National Casualty Co.Massachusetts Supreme Judicial Court · 1945
  4. Bond Bros., Inc. v. ROBINSON AMERICAN INS. CO.Massachusetts Supreme Judicial Court · 1984
  5. Save-Mor Supermarkets, Inc. v. Skelly Detective Service, Inc.Massachusetts Supreme Judicial Court · 1971

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

3Cited by118 opinions

  1. Citation Insurance v. GomezMassachusetts Supreme Judicial Court · 1998
  2. Lumbermens Mutual Casualty Co. v. Offices Unlimited, Inc.Massachusetts Supreme Judicial Court · 1995
  3. Brazas Sporting Arms, Inc. v. American Empire Surplus Lines InsuranceCourt of Appeals for the First Circuit · 2000
  4. Merchants Insurance Co. of New Hampshire, Inc. v. United States Fidelity & Guaranty Co.Court of Appeals for the First Circuit · 1998
  5. Kobayashi v. Orion Ventures, Inc.Massachusetts Appeals Court · 1997

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

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