Legal Opinion

Cortina Realty Trust ex rel. Breen v. Pacific Insurance

Massachusetts Superior Court

Decided September 27, 2010No. 09896APublished

1Opinion of the Court

Lowy, David A., J.

I. INTRODUCTION

This action arises out of the denial of insurance coverage under an “all risks” policy that was procured by the plaintiff, Cortina Realty Trust (“Cortina”), and underwritten by the defendant, Pacific Insurance Company (“Pacific”). The plaintiff alleges that the denial of coverage for water damage to the plaintiffs property, located at 425 Broadway in Saugus, Massachusetts, amounts to a material breach of the express agreement between the parties. The defendant argues that the denial of coverage falls within the exclusionary language of the policy, and that…

2Cases cited17 opinions

  1. In Re Katrina Canal Breaches LitigationCourt of Appeals for the Fifth Circuit · 2007
  2. Pederson v. Time, Inc.Massachusetts Supreme Judicial Court · 1989
  3. Flesner v. Technical Communications Corp.Massachusetts Supreme Judicial Court · 1991
  4. Attorney General v. BaileyMassachusetts Supreme Judicial Court · 1982
  5. Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997

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