Legal Opinion

Tocci Building Corp. of New Jersey, Inc. v. Virginia Surety Co.

District Court, D. Massachusetts

Decided November 2, 2010No. Civil Action 08-11402-DPWPublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DOUGLAS P. WOODLOCK, District Judge.

Through the motion now before me in this complex insurance litigation between Tocci Building Corporation of New Jersey, Inc. (“Tocci”) and various of its primary and excess insurers, an excess carrier seeks dismissal of the claim against it. In the underlying litigation, Tocci faces two lawsuits in New York state courts seeking relief for property and other damages that occurred when a housing development— for which Tocci was the general contractor — sustained serious water damage. Tocci initiated this case against its primary insurers,…

2Cases cited20 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  3. Califano v. SandersSupreme Court of the United States · 1977
  4. MedImmune, Inc. v. Genentech, Inc.Supreme Court of the United States · 2007
  5. Maldonado v. FontanesCourt of Appeals for the First Circuit · 2009

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3Cited by20 opinions

  1. Hahn v. GEICO Choice Insurance CompanyAlaska Supreme Court · 2018
  2. Maclean v. Travelers Ins. Co.District Court, District of Columbia · 2017
  3. Ross Development Corp. v. Fireman's Fund InsuranceDistrict Court, D. South Carolina · 2011
  4. Melissa Currier, as Administrator of the Estate of Nicholas B. Carpenter, et al., v. Newport Lodge No. 1236, LoyalDistrict Court, D. New Hampshire · 2022
  5. TIG Insurance Company v. National Indemnity CompanyDistrict Court, D. New Hampshire · 2023

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