American Insurance v. Siena Construction Corp.

Billings, Thomas P., J.

A. Introduction.

These cases, consolidated for all purposes, arise out of an explosion on July 15, 2002 at 320 Bent Street, Cambridge. 320 Bent Street was a new building, then in the final stages of construction, owned by Lyme Properties, Inc., whose subrogee American Insurance Company (“AIC”) is the plaintiff in No. 03-4929. The space in which the explosion occurred was being readied for occupancy by Microbia, Inc., whose sub-rogee Great Northern Insurance Company is the plaintiff in No. 04-618.

There is ample evidence, and the parties do not appear to dispute (at this…