Smitty’s burned a second time in court ruling
By Shawn Regan, The Eagle-Tribune, North Andover, Mass. | |
McClatchy-Tribune Information Services |
The landmark downtown bar and restaurant, better known as "Smitty's" by locals, was rebuilt and reopened in
The family's insurance policy contained an exclusion that stated it would not pay for "loss or damage caused by dishonest or criminal acts by any partners, members, officers, managers, employees, directors or trustees ... or anyone to whom the policy owners entrust the property to for any reason."
Lawyers for the three innocent Langlois brothers argued the brothers should not be barred from recovering insurance proceeds for the loss of the building because they had nothing to do with the fire.
However, a superior court judge and then appeals court ruled the interests of the four policy holders were "joint, non-severable and inextricably intertwined."
"The innocent co-insured may not recover fire insurance after the blamable co-insured intentionally burned the covered property," the court decision said. "At the time of the fire, all four brothers were directors of the corporation, each sharing 25 percent ownership interest."
In a prior interview,
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