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Abuse Exclusion Not Applicable to Single Push

The justices of the Supreme Judicial Court of Massachusetts found the term "physical abuse," as used in the abuse and molestation exclusion in the homeowners' policy, was ambiguous, and that a single pushing incident was "abuse" as contemplated by the exclusion.

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Insurer Sues Firearms Maker Sues for Curtailing Defense Funding in Long-Running Gun Violence Case

The defendants are "liable to Colt's for damages for wrongful failure to defend, in an amount to be proven at trial together with pre- and post-judgment interest, costs, attorneys' fees, and any consequential damages arising from [the defendant's] breach, including but not limited to Colt's legal fees and costs, the value of Colt's lost business opportunities, and any and all sums that Colt's may be required to pay in damages in the Gary Lawsuit regardless of policy limits," the complaint said.

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