Legal Opinion

Omega Flex, Inc. v. Pacific Employers Insurance

Massachusetts Appeals Court

Decided November 16, 2010No. 09-P-628PublishedCited by 3 opinions

1Opinion of the CourtWolohojian, J.

Omega Flex, Inc. (Omega), appeals from the partial judgment on the pleadings and final judgment entered in favor of its insurer, Pacific Employers Insurance Company (Pacific), on Omega’s claim under its insurance policy for reimbursement of costs incurred in defending against a nationwide *263class action. A Superior Court judge ruled that the complaint in the underlying class action failed to allege damages that would be covered by the Pacific policy, and therefore that the insurer had no duty to defend. We read the class action complaint as posing the potential of recovery for fire damage to…

2Cases cited20 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Hazen Paper Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1990
  3. Sterilite Corp. v. Continental Casualty Co.Massachusetts Appeals Court · 1983
  4. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989
  5. Continental Casualty Co. v. Gilbane Building Co.Massachusetts Supreme Judicial Court · 1984

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3Cited by3 opinions

  1. Continental Casualty Co. v. National Union Fire InsuranceDistrict Court, D. Minnesota · 2013
  2. Town of Saugus v. Zurich American InsuranceDistrict Court, D. Massachusetts · 2011
  3. Gerwin v. DamschroderOhio Court of Appeals · 2015

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