Rizzo v. Federal Pacific Co.

The plaintiffs, through their insurance company, Quincy Mutual Fire Insurance Company (“Quincy”), have filed this complaint with claims arising from a fire that occurred on January 23, 1998 at a dwelling they owned, located at 43 Burnham Street, Belmont, Massachusetts (“the property”).2 In Count III of its Amended Complaint Quincy seeks contribution from the defendant, Commerce Insurance Co. (“Commerce”), for funds paid to the plaintiffs pursuant to their homeowners insurance policy. Commerce has moved for summary judgment on Count III. Upon consideration of the complaint, all motion papers…