Massachusetts Port Authority v. Employers Insurance of Wausau

Upon consideration of all motion and opposition materials; of the massive summary judgment record submitted by the combined parties; and of the oral argument by all parties at the hearing of October 6, 2004; the court rules as follows.

1. It DENIES defendant Employers Insurance of Wausau, A Mutual Company’s motion for summary judgment in toto.

2. It DENIES counterclaim defendant Massachusetts Port Authority’s motion for summary judgment in toto.

REASONING

Introduction: Summary Judgment Standards

Multiple canons of summary judgment adjudication apply to these cross motions for summary judgment.…