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McGowan v. Quincy Mutual Fire Insurance
Citations: 4 Mass. App. Ct. 813; 348 N.E.2d 448; 1976 Mass. App. LEXIS 605
Court: Massachusetts Appeals Court; June 3, 1976; Massachusetts; State Appellate Court
The primary issue litigated was whether the plaintiff exercised due diligence in maintaining heat in the building under the insurance policy's "Additional Exclusions." The key factual question was whether the fuel oil tank for the second-floor apartment was empty when plumbing issues occurred in January 1972. The defendant bore the burden of proving that the tank was empty at that time. Evidence indicated that the tank was full on April 12, 1971, and that the plaintiff had maintained heat in the apartment during the 1971-1972 heating season until the freeze-up, with a fuel delivery occurring on January 28, 1972. The judge's finding for the defendant implied that the tank was empty during the freeze-up, which was based on the judge's disbelief of the plaintiff's claim that the tank was one-quarter full the day before the incident. The court determined that the judge's subsidiary finding was clearly erroneous, lacking evidentiary support as there was no information regarding the tank's total capacity or other relevant factors necessary to assess whether it could have run dry by the critical date. The defendant failed to meet their burden of proof regarding the tank's emptiness. Consequently, the court reversed the judgment and ordered a new judgment in favor of the plaintiff, consistent with the stipulated damages.