Espedito Realty, LLC v. National Fire Insurance
District Court, D. Massachusetts
1Opinion of the Court
MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, DEFENDANT’S MOTION TO AMEND, AND PLAINTIFF’S MOTION TO STRIKE (Dkt. Nos. 29, 27, & 38)
PONSOR, District Judge.
I. INTRODUCTION
In Ernest Hemingway’s novel For Whom the Bell Tolls, the protagonist Robert Jordan experiences a movement of the earth.1 This case looks at the same phenomenon from an insurance perspective.
*181Plaintiff, the owner of a warehouse, sued its insurer for breach of contract and violation of Mass. Gen. Laws ch. 93A for failing to pay for damage to its warehouse floors. Defendant insurer moved for summary…
2Cases cited14 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Powell v. Liberty Mutual Fire InsuranceNevada Supreme Court · 2011
- Fayad v. Clarendon Nat. Ins. Co.Supreme Court of Florida · 2005
- Peters Township School District v. The Hartford Accident and Indemnity CompanyCourt of Appeals for the Third Circuit · 1987
- B & T Masonry Construction Co. v. Public Service Mutual InsuranceCourt of Appeals for the First Circuit · 2004
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3Cited by2 opinions
- Espedito Realty, LLC v. National Fire InsuranceDistrict Court, D. Massachusetts · 2013
- Lawrence v. State Farm Fire and Casualty CompanyDistrict Court, N.D. Iowa · 2025