Hakim v. Abington Mutual Fire Insurance

The plaintiffs move and the defendants cross-move for summary judgment in this declaratory judgment action, which also includes a claim under G.L.c. 93A. This dispute concerns interpretation of a contract of insurance.

BACKGROUND

The undisputed facts are as follows:

The plaintiffs, Ralph W. Hakim and Mary F. Hakim, purchased a homeowners policy of insurance from the defendant Abington Mutual Fire Insurance. The policy was in effect when, on October 8, 1992, one of the Hakims’ neighbors noticed and reported to authorities that oil was being discharged into a stream about 90 feet from the Hakims’…