Legal Opinion

DaCosta v. Vermont Mutual Insurance

Massachusetts Superior Court

Decided December 2, 1997No. C 9500126Published

1Opinion of the CourtHely, J.

The DaCostas are insureds under a homeowners policy issued by Vermont Mutual Insurance Co. Richard Medeiros has filed a suit against the DaCostas claiming that his son, Brandon, was injured as the result of the negligence of Domingos and Michael DaCosta. Medeiros alleged that Michael DaCosta’s negligent operation of an all-terrain vehicle and Domingos DaCosta’s negligence in allowing and supervising its operation caused the injuries.

In the action brought by the DaCostas against Vermont Mutual, the DaCostas seek a declaratory judgment declaring that Vermont Mutual has a duty to defend them in…

2Cases cited3 opinions

  1. Worcester Mutual Insurance v. MarnellMassachusetts Supreme Judicial Court · 1986
  2. Merrimack Mutual Fire Insurance v. SampsonMassachusetts Appeals Court · 1990
  3. Prudential Property & Casualty Insurance v. AllaireMassachusetts Appeals Court · 1987

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