Allstate Insurance Co. v. Berube, No. Cv02-05133447s (Jul. 17, 2002)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]

MEMORANDUM OF DECISION RE MOTION FOR SUMMARY JUDGEMENT

I

FACTS

The plaintiff insurance company brought this declaratory judgment action for determination of its rights to both defend and indemnify the defendant's former husband under its homeowner's policy in a suit brought by the defendant against her former husband, Matthew Berube. The underlying facts in that suit are that on the morning of March 5, 1999, Matthew Berube, upon returning from work, went into the bedroom where Christine Berube and their nine-week-old…