Legal Opinion
Hanover New England Insurance v. Smith
Massachusetts Appeals Court
Decided October 19, 1993No. 91-P-492PublishedCited by 20 opinions
1Opinion of the CourtArmstrong, J.
The defendants made a claim under their homeowners’ policy for damage caused by a release of heating oil in their cellar. The insurer denied coverage and filed this action for declaratory relief to confirm the correctness of its position. The judge found for the homeowners, and the insurer appealed.
The damage was caused by the malfunction of an electrical relay switch in the defendants’ oil burner, which was supposed to shut off the flow of oil when the burner was not igniting. Oil accumulated in the combustion chamber of the furnace, leaked through and permeated the insulation around the…
2Cases cited6 opinions
- American Casualty Company of Reading, Pennsylvania v. A. L. Myrick, D/B/A Market Produce CompanyCourt of Appeals for the Fifth Circuit · 1962
- Jussim v. Massachusetts Bay InsuranceMassachusetts Supreme Judicial Court · 1993
- Standard Electric Supply Co. v. Norfolk & Dedham Mutual Fire InsuranceMassachusetts Appeals Court · 1974
- Bettigole v. American Employers InsuranceMassachusetts Appeals Court · 1991
- Auten v. Employers National Inurance Co., Texas Court of Appeals, 5th District (Dallas)1986
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Dryden Oil Company of New England, Inc. v. Travelers Indemnity Co.Court of Appeals for the First Circuit · 1996
- Lantheus Medical Imaging, Inc. v. Zurich American Ins. Co.District Court, S.D. New York · 2015
- Seymour Manufacturing Co. v. Commercial Union Insurance Co.Indiana Court of Appeals · 1995
- RTG Furniture Corp. v. Industrial Risk InsurersDistrict Court, S.D. Florida · 2008
- Utica Mutual Insurance v. Hall Equipment, Inc.District Court, D. Massachusetts · 1999
15 more not listed; retrieve them via the Exa API.