Legal Opinion

Sam Hootstein & Sons, Inc. v. Hartford Fire Insurance

Massachusetts Appeals Court

Decided March 7, 1975PublishedCited by 3 opinions

1Opinion of the Court

In this action to recover damages for the loss of goods taken (by a man posing as a driver for the plaintiff’s trucking contractor) from the loading platform where they had been placed awaiting the arrival of the contractor, the trial judge was right in refusing to rule that such recovery was barred by either exclusion 8 or 9 of the insurance policy. Those exclusions, interpreted in accordance with well settled canons of construction (see Palmer v. Pawtucket Mut. Ins. Co. 352 Mass. 304, 306 [1967], and cases cited; Bulyga v. Underwriters at Lloyd’s, London, 1 Mass. App. Ct. 359, 363 [1973],…

2Cases cited4 opinions

  1. New England Box Co. v. C & R Construction Co.Massachusetts Supreme Judicial Court · 1943
  2. Palmer v. Pawtucket Mutual InsuranceMassachusetts Supreme Judicial Court · 1967
  3. Bulyga v. Underwriters at Lloyd'sMassachusetts Appeals Court · 1973
  4. Fireman's Fund Ins. Co. Of San Francisco v. McConnellCourt of Appeals for the Fifth Circuit · 1952

3Cited by3 opinions

  1. Eott Energy Corp. v. Storebrand International InsuranceCalifornia Court of Appeal · 1996
  2. US Fidelity & Guaranty Co. v. JD Johnson Co.District Court of Appeal of Florida · 1983
  3. Laperla, Ltd. v. Peerless InsuranceConnecticut Superior Court · 2009

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