Fireman's Fund Insurance v. E.W. Burman, Inc.

This case is before us on the plaintiffs appeal from a denial of its request for a declaratory judgment. The plaintiff had filed a complaint for a declaratory judgment in which it claimed that it was not liable under an insurance policy issued to the defendant because of an exclusion clause in said policy. The case was heard before a justice of the Superior Court sitting without a jury. Because there was a lack of evidence relative to certain other issues, he denied declaratory relief to the plaintiff.

The facts are essentially uncontroverted. The defendant, E.W. Burman, Inc., 1 a construction…