McNulty v. Great American Insurance

MEMORANDUM AND ORDER

YOUNG, District Judge.

This action is brought by John McNulty (“McNulty”), who holds a second mortgage on a property destroyed by fire, to recover money allegedly owed him by the mortgagee’s insurance company, Great American Insurance Co. (“Great American”). He asserts two causes of action: one for breach of an oral contract between himself and Great American; the second under the Massachusetts Uniform Commercial Code (“U.C.C.”). The parties have filed cross-motions for summary judgment.

A party in a civil case is entitled to summary judgment in his favor if he can show that…