Opinion
2012-06-28
Appeal From: 81 Mass.App.Ct. 1123, 964 N.E.2d 368. The defendant-insurer's application for further appellate review is denied without prejudice. The case is remanded to the Appeals Court for consideration of the question whether the auto exclusion contained in the insurance policy affects its determination that the defendant-insurer has a duty to defend. The issue appears to have been raised in the Appeals Court, but not mentioned or addressed by it in its decision. We express no view on the merits of this issue.
DENIED.