Boston Insurance Co. v. Fawcett

This bill for a declaratory decree comes to us at the request of the parties on a report without decision by a judge of the Superior Court on a statement of agreed facts and the pleadings.

The plaintiff Boston Insurance Company (Boston) is a Massachusetts insurance corporation. 3 The defendants have submitted to the jurisdiction of the court.

We first delineate a skeleton of facts to suggest the nature of the substantive issue. Boston is the insured under an “Excess Motor Truck Cargo Reinsurance Policy” issued by the defendants. The coverage of the reinsurance .policy is limited to the excess…