Seaco Insurance v. Barbosa

Seaco Insurance Company brought an action in the name of its insureds, Joaquim and Candida Barros (insureds), against Jaime and Margarida Barbosa (defendants) for negligently causing a fire that damaged a bakery that they leased from the insureds. Relying on Peterson v. Silva, 428 Mass. 751 *773(1999), a judge in the Superior Court granted the defendants’ motion for summary judgment, holding that Seaco could not recover against them because they were implied coinsureds under the insureds’ fire insurance policy with Seaco. Seaco appealed, and we transferred the case to this court on our own…