Quincy Mutual Fire Insurance v. Abernathy

The defendants appeal from a summary judgment entered in favor of the plaintiff, Quincy Mutual Fire Insurance Company (insurer), by a judge of the Superior Court. The insurer had instituted an action for declaratory relief, seeking a judgment that the injuries sustained by the defendants Brooke and Ellen Abernathy fell within an exclusion clause of a homeowner’s policy carried by the defendants Harold and Annette Hannon thereby relieving the insurer of any liability under the policy. The Abemathys and the insurer filed cross motions for judgment on the pleadings or, in the alternative, for…