Metropolitan Property & Casualty Insurance v. Pesce

Leibensperger, Edward P., J.

Metropolitan Properly and Casualty Insurance Company (“Insurer”) moves for a summary judgment declaring that there is no coverage available to defendants (“Homeowners") under a Homeowners Insurance Policy with respect to water damage at Homeowners’ home on March 14, 2010. As described more fully below, there are genuine issues as to material facts with respect to the claimed water damage that prevent the entry of summary judgment as to coverage under the policy.1 See, Mass.RCiv.P. 56(c). Consequently, the motion is DENIED.

The policy at issue provided, through a…