Legal Opinion
Espedito Realty, LLC v. National Fire Insurance
District Court, D. Massachusetts
Decided March 29, 2013No. C.A. No. 10-cv-30039-MAPPublished
1Opinion of the Court
MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT FOR BREACH OF THE POLICY CONDITION PROHIBIT-. ING MISREPRESENTATION
(Dkt. No. 43)
MICHAEL A. PONSOR, District Judge.
I. INTRODUCTION
Plaintiff has sued Defendant insurer for breach of contract and violation of Mass. Gen. Laws Ch. 93A, for failing to cover losses caused by water damage to its warehouse. Defendant moved for summary judgment (Dkt. No'. 29) arguing that (1) the damage to the warehouse floors was caused by “earth movement,” an excluded peril under the policy, and (2) any claim for coverage was barred based on…
2Cases cited12 opinions
- Pacific Insurance Company, Limited, Appellant/cross-Appellee v. Eaton Vance Management, Appellee/cross-AppellantCourt of Appeals for the First Circuit · 2004
- Fisch v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 2002
- Bockser v. Dorchester Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1951
- Gechijian v. Richmond InsuranceMassachusetts Supreme Judicial Court · 1940
- Rappe v. Metropolitan Life InsuranceMassachusetts Supreme Judicial Court · 1948
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