Massachusetts Appeals Court February 5, 1997, No. 95-P-685 (Preferred Mutual Insurance v. Gamache)

Flannery, J.

James Gamache and Henry Andrade, Jr., appeal from a summary judgment entered for Preferred Mutual Insurance Company (Preferred) declaring that Preferred had no duty to defend or indemnify Gamache for claims under a homeowner’s policy for injuries sustained by Andrade, a New Bedford police officer, as he arrested Gama-che.