No. 93-P-1645.Appeals Court of Massachusetts.
April 10, 1995.
The declaratory judgment order appealed from, dated December 23, 1992, is vacated. The case is remanded to the Superior Court for (a) entry of an order declaring that Holyoke Mutual Insurance Company did have a duty to defend Horan in the tenant’s action arising from the October 17, 1990, incident; and (b) further proceedings on Horan’s third-party complaint consistent with the memorandum and order on file in the Appeals Court.
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