Marks v. Lumbermens Mutual Casualty Co.

Pursuant to Mass.R.Civ.P. 56, the plaintiff, Francis J. Marks (“Marks”), has moved for partial summary judgment and declaratory relief that the defendant, Lumbermens Mutual Casualty Company (“Lumbermens”), is obligated to defend him against the counterclaims asserted against him in the underlying action, Marks v. Scarpino, Middlesex County Civil Action No. 91-3376. Lumbermens opposes plaintiffs motion and cross-moves for summary judgment asserting that it has no duty to defend or indemnify Marks. For the reasons set forth below, the plaintiffs motion is ALLOWED and the defendant’s motion is…