Legal Opinion
Consigli Construction Co. v. Travelers Indemnity Co.
District Court, D. Massachusetts
Decided June 21, 2017No. CIVIL ACTION NO. 16-40041-DPWPublished
1Opinion of the Court
MEMORANDUM AND ORDER
DOUGLAS P. WOODLOCK, UNITED STATES DISTRICT JUDGE
Consigli Construction Co., Inc. and Travelers Indemnity Company have each filed dispositive motions to resolve whether Travelers has a duty to defend Consigli in a state tort action brought by a subcontractor’s worker injured at one of Consigns project sites. Meanwhile, Consigli has moved to remand the case to state court. As a matter of procedure, I find removal of the case has not been shown to have been inconsistent with this court’s diversity jurisdiction and will deny Consigli’s motion to remand.
As a matter of…
2Cases cited29 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Preiser v. NewkirkSupreme Court of the United States · 1975
- Auto-Owners Insurance Company v. Stevens & Ricci IncCourt of Appeals for the Third Circuit · 2016
- Reich v. John Alden Life InsuranceCourt of Appeals for the First Circuit · 1997
- Open Software Foundation, Inc., and Hewlett Packard Company v. United States Fidelity and Guaranty Co.Court of Appeals for the First Circuit · 2002
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