Legal Opinion

Federal Insurance v. Boston Water & Sewer Commission

District Court, D. Massachusetts

Decided October 20, 2008No. Civil Action 05-12391-NMGPublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM & ORDER

GORTON, District Judge.

In this dispute about the cause of a flood at a hospital in Boston, Massachusetts, one defendant has moved to dismiss on the pleadings the claims of the subrogee of the owner and the other defendant has moved for summary judgment.

I. Background

A. Factual Background

Plaintiff Federal Insurance Company (“FIC”) brought this subrogation action against the defendants to recover damages for a flood that occurred at the Beth Israel Deaconess Medical Center (“Beth Israel”) in January, 2004 (“the flood”). The insured, CareGroup, Inc. (“CareGroup”), owned and…

2Cases cited18 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Samuel Mesnick v. General Electric CompanyCourt of Appeals for the First Circuit · 1991
  4. Milissa Garside v. Osco Drug, Inc.Court of Appeals for the First Circuit · 1990
  5. Patrick J. O'COnnOr v. Robert W. SteevesCourt of Appeals for the First Circuit · 1993

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3Cited by4 opinions

  1. Doe v. FournierDistrict Court, D. Massachusetts · 2012
  2. Bassett v. JensenDistrict Court, D. Massachusetts · 2020
  3. Carr v. Town of Bourne By Its Board of SelectmenDistrict Court, D. Massachusetts · 2024
  4. Carr v. Town of Bourne By Its Board of SelectmenDistrict Court, D. Massachusetts · 2023

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