Legal Opinion
Merrimack Mutual Fire Insurance v. Nonaka
Massachusetts Supreme Judicial Court
Decided January 19, 1993PublishedCited by 34 opinions
1Opinion of the CourtWilkins, J.
On June 11, 1990, Anthony J. D’Urso shot Keizo Nonaka wounding him seriously. The plaintiff (Merrimack) commenced this action seeking a declaratory judgment that a Merrimack homeowner’s insurance policy covering D’Urso as an insured did not provide coverage of Nonaka’s claim against D’Urso. That insurance policy excluded coverage for bodily injury “which is expected or intended by the insured.” A jury in this action found that D’Urso intentionally shot Nonaka. Subsequently, a second jury awarded $900,000 to Nonaka in his action against D’Urso. 2
Nonaka does not argue that, by its terms, the…
2Cases cited15 opinions
- DiMarzo v. American Mutual InsuranceMassachusetts Supreme Judicial Court · 1983
- Royal-Globe Insurance v. CravenMassachusetts Supreme Judicial Court · 1992
- Salonen v. PaanenenMassachusetts Supreme Judicial Court · 1947
- New England Gas & Electric Ass'n v. Ocean Accident & Guarantee Corp.Massachusetts Supreme Judicial Court · 1953
- Aetna Casualty & Surety Co. v. Continental Casualty Co.Massachusetts Supreme Judicial Court · 1992
10 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Nashua Corp. v. First State InsuranceMassachusetts Supreme Judicial Court · 1995
- Commonwealth v. AngiuloMassachusetts Supreme Judicial Court · 1993
- Alan Corp. v. International Surplus Lines InsuranceCourt of Appeals for the First Circuit · 1994
- Kahn v. Royal InsuranceMassachusetts Supreme Judicial Court · 1999
- Alan Corp. v. International Surplus Lines InsuranceDistrict Court, D. Massachusetts · 1993
29 more not listed; retrieve them via the Exa API.