Factory Mutual Insurance Company v. Skanska USA Building, Inc.

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS FACTORY MUTUAL INSURANCE COMPANY as Subrogee of, NOVARTIS CORPORATION Plaintiff, No. 18-cv-11700-DLC v. SKANSKA USA BUILDING, INC. and J.C. CANNISTRARO, LLC, Defendants. ORDER ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT CABELL, U.S.M.J. I. INTRODUCTION Plaintiff Factory Mutual Insurance Company (“Factory Mutual”) issued an insurance policy to Novartis Corporation (“Novartis”) to provide coverage during a construction project. When loss did occur, Factory Mutual paid on Novartis’ claim and then brought this subrogation action against the…