Citation Insurance v. Gomez

The plaintiff, Citation Insurance Company (Citation), filed a complaint in the Superior Court seeking a declaration that it has no duty to defend and indemnify its insureds, the defendants Brenda and Roger Gomez, for losses asserted by a minor who was injured while playing on an abandoned structure on the Gomezes’ land. See G. L. c. 231 A. On cross motions for summary judgment the Superior Court judge allowed the Gomezes’ motion for summary judgment and denied Citation’s cross motion, declaring that the insurance policy was ambiguous and therefore must be construed against Citation, the…