FMR Corp. v. Boston Edison Co.
(Cite as: 415 Mass. 393, 613 N.E.2d 902)
Supreme Judicial Court of Massachusetts, Suffolk.
BOSTON EDISON COMPANY. MAY COMPANY et al.
BOSTON EDISON COMPANY et al. Employers Insurance of Wausau, third-party
Argued March 3, 1993.
Decided June 3, 1993.
Customers of utility company sought to recover for physical damage on counts of negligence and breach of contract stemming from electrical power outage. The Superior Court, Suffolk County, Robert L. Steadman and Robert A. Mulligan, JJ., entered judgment for electrical company and dismissed company's claim against insurer for refusal to defend. Cases were consolidated and transferred. The Supreme Judicial Court, Lynch, 1., held that:
(1) purely economic losses were not recoverable in tort and strict liability actions absent personal injury or property damage; (2) furnishing electricity was removed from realm of contract law by extensive legislative regulation; and (3) entry of summary judgment did not moot issue of whether insurer was obliged to provide electrical company with defense.
Affirmed in part; reversed in part.
Leonard F. Zandrow, Jr., Boston (Robert M. Hacking, with him), for F.L. Kelley, Inc.
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