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Mass. Court Holds Unprovoked Attack Not "Physical Abuse" Within Meaning of Abuse and Molestation Exclusion | Carlton Fields

In Dorchester Mutual Insurance Co. v. Miville, the Supreme Court of Massachusetts discussed the basis for its reversal of the Superior Court’s grant of summary judgment in favor of. ....

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Insurance – Abuse and molestation exclusion – Power imbalance

Where an insurance company requested a judgment declaring that a policy’s abuse and molestation exclusion precluded coverage for an insured who initiated an unprovoked attack on an individual by punching him in the head and repeatedly kicking him after he had fallen, a judge’s decision to grant the insurer’s request for declaratory relief must be ....

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SJC: Abuse exclusion inapplicable absent imbalance of power

An abuse and molestation exclusion in a homeowners’ policy did not preclude coverage for an insured’s unprovoked physical attack that did not involve an exploitation or misuse of power, the Supreme Judicial Court has ruled. Dorchester Mutual Insurance Company issued a policy to the parents of William Brengle, who initiated an unprovoked attack on Leonard ....

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