Legal Opinion

Cambridge Mutual Fire Insurance v. Kiely

Massachusetts Superior Court

Decided November 30, 2009No. 071044Published

1Opinion of the Court

Fremont-Smith, Thayer, J.

This case concerns whether insurance coverage was provided by Cambridge Mutual Fire Insurance Company (“Cambridge Mutual”) under a homeowners policy issued to Louis and Mary Gonda for injuries suffered by a Somerville police officer, Michael Kiely, as a result of the alleged negligence of the Gondas’ son-in-law, Phillip Pare, during a 2004 fire in the Somerville home of the Gondas. In a consolidated case1 Kiely has sued Pare for his injuries.

In this case, Cambridge Mutual seeks a declaration that there is no policy coverage because Pare was not an “insured” under the…

2Cases cited4 opinions

  1. Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
  2. City Fuel Corp. v. National Fire InsuranceMassachusetts Supreme Judicial Court · 2006
  3. Vaiarella v. Hanover InsuranceMassachusetts Supreme Judicial Court · 1991
  4. Metropolitan Property & Casualty Insurance v. MorelMassachusetts Appeals Court · 2004

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