Harbor House Condominium Association and Unit 1 Corporation v. Massachusetts Bay Insurance Company

GRANT, Senior District Judge.

Plaintiffs brought suit against the defendant, Massachusetts Bay Insurance Co., seeking indemnification under an “all risk” insurance policy for damage allegedly sustained to a perimeter heating system by freezing temperatures.

THE POLICY

At all times relevant, the plaintiffs were covered by a policy of insurance which insured “against all risks of direct physical loss” subject only to the provisions and stipulations which were set out in the policy. Under the primary provisions of the policy, the defendant’s liability for covered losses was limited to the actual…