Slater v. United States Fidelity & Guaranty Co.

This is an action of contract in which we are asked to interpret language in an insurance policy and an endorsement thereto. The parties agreed to all the material facts, and at their request a judge of the Superior Court reported the case to the Appeals Court for determination with out making any decision thereon. G. L. c. 231, § 111. Mass. R. Civ. P. 64, 365 Mass. 831 (1974). After a decision by the Appeals Court in Slater v. United States Fidelity & Guar. Co., 7 Mass. App. Ct. 281 (1979), we granted further appellate review on the application of the plaintiff. G. L. c. 211A, § 11.

The…