Amica Mutual Ins. v. Liberty Mutual Fire Ins.

By Judge James H. Chamblin

After consideration of the evidence, the argument of counsel at trial, and all the memoranda, and for the reasons stated below, I find that the Plaintiff, Amica Mutual Insurance Company (Amica), voluntarily paid the personal injury claim of Thomas Langan against its insured, Karen Burke. As a result, Amica, whose policy provided excess coverage, is not entitled to recover payment from the Defendant, Liberty Mutual Fire Insurance Company (Liberty Mutual), whose policy provided primary coverage. Arnica’s Amended Motion for Judgment is dismissed with prejudice.

Facts'

On…