Utica Mutual Insurance v. Cohen

Gordon, Robert B., J.

By motion filed on January 17, 2014, the defendant has moved to dismiss all three counts of the plaintiffs First Amended Complaint pursuant to Mass.R.Civ.R 12(b)(6). In the alternative, the defendant has moved for summary judgment pursuant to Mass.R.Civ.R 56. The plaintiff has opposed the motion. For the following reasons, the defendant’s motion is DENIED on all counts.

BACKGROUND

A. The Underlying Litigation

The underlying litigation in the instant matter began on April 14, 2006, when the defendant, Alyson H. Cohen (“Cohen”), filed a lawsuit against The Alfred & Adele Davis…