With no explanation, chose the best option from "A", "B", "C" or "D". of premiums was modified slightly in 1939 by Mass. Gen. Laws ch. 175, § 110B. See infra. 5 . The parties direct our attention to four district court opinions, three of which are unpublished, which have addressed the applicability of section 187C to policies that have lapsed due to the insured's failure to pay the required premiums. Three of the opinions are in harmony with the conclusion we reach in the instant case. See Gaffney v. AAA Life Ins. Co., 4 F.Supp.2d 38 (D.Mass. 1998) (stating that "it is clear that [section 187C]’s notice provisions only apply in the case of cancellation of a policy and not in the case of lapse for nonpayment"); Country Bank for Sav. v. Transamerica Occidental Life Ins. Co., Civil Action No. 93-30123-MAP, 1994 WL 512866, at *3 (D.Mass. Sept. 20, 1994) (<HOLDING>); Constantine v. Union Bankers Ins. Co., Civil

A: recognizing in context of general liability policy if petition contains allegations which when fairly and reasonably construed state cause of action potentially covered by policy insurer has duty to defend insured in underlying suit
B: holding that when an insurer files suit to cancel a policy the entire liability of the insurer both on the policy and under the statute is put in issue
C: holding that section 187c does not apply where policy contains no cancellation provision and was not unilaterally cancelable by the insurer
D: holding that when the insurer takes the position that the policy does not cover the complaint the insurer must 1 defend the suit under a reservation of rights or 2 seek a declaratory judgment that there is no coverage if the insurer fails to take either of these actions it will be estopped from later raising policy defenses to coverage
C.