Posts tagged "1108514"

USF Insurance Company v. Langlois, et al. (Lawyers Weekly No. 11-085-14)

NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.  If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030;   13-P-1387                                  Appeals Court   USF INSURANCE COMPANY  vs.  DAVID LANGLOIS & others,[1] trustees,[2] & others.[3] No. 13-P-1387. Essex.     May 6, 2014. – July 22, 2014. Present:  Rapoza, C.J., Brown, & Berry, JJ. Insurance, Fire, Business owner’s policy, Construction of policy, Insured, Illegal acts exclusion.  Contract, Insurance, Construction of contract.       Civil action commenced in the Superior Court Department on December 23, 2010.   The case was heard by James F. Lang, J., on motions for summary judgment.     Mark I. Zarrow for the defendants. Thomas M. Tang for the plaintiff.     BROWN, J.  The defendants appeal the declaratory judgment allowing the plaintiff’s motion for summary judgment.  We affirm. 1.  Background.  The facts giving rise to this action are undisputed.  In 1983, the Langlois Family Realty Trust (trust) was formed to hold legal title to real estate in Haverhill.  Richard A., Robert, and David Langlois were the original trustees, and Richard J. and Bruce Langlois were, respectively, first and second successor trustees.[4]  Richard A. passed away in 1988; however, the trust provided that David and Robert would continue as trustees and that Bruce would only serve as trustee upon the deaths of the original three.  Robert, David, Richard J., and Bruce were named the beneficiaries, as joint tenants with rights of survivorship.[5] Smith’s Tavern, Inc. of Haverhill (corporation) leased a building owned by the trust.  Robert, David, Richard J., and Bruce all served as directors of the corporation.[6]  The corporation operated as a bar and restaurant.  David and Robert managed the restaurant; Bruce worked as a bartender. In July, 2010, the plaintiff, USF Insurance Company, issued an insurance policy with the “Named Insured” listed as “LANGLOIS FAMILY TRUST AND SMITH’S TAVERN OF HAVERHILL, INC.”  The policy provided a coverage limit of $ 20,000 for loss of business personal property and a coverage limit of $ 150,000 for loss of the building.  The policy also contained an exclusions provision, explaining that the plaintiff would not pay for loss or damage caused by “[d]ishonest or criminal act[s] by you, any of your partners, members, officers, managers, employees . . . , directors, trustees, . . . or anyone to whom you entrust the property for any purpose.” On November 12, 2010, Bruce set fire to the building leased by the corporation and was charged with arson.  He pleaded guilty, confessing […]


Posted by Massachusetts Legal Resources - July 22, 2014 at 5:07 pm

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