Gibraltar Financial Corp. v. Lumbermens Mutual Casualty Co.

The plaintiff (mortgagee) moved before a Superior Court judge for a partial summary judgment that would establish the plaintiff’s right to recover under an insurance policy issued by the defendant (insurer). The parties stipulated that the plaintiff loaned money to the owner of a motor vehicle, the loan was secured by a mortgage 1 on the vehicle, and the plaintiff was named as loss payee under a “standard Massachusetts commercial motor vehicle liability and physical damage policy” issued by the defendant. The vehicle was destroyed by reason of arson committed by the owner of the vehicle. 2…