Insurance Co. of North America v. Protection Mutual Insurance

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

GERTNER, District Judge.

I. INTRODUCTION

On May 23,1994, a serious fire occurred at the Cardinal Cushing Campus of Good Samaritan Medical Center (“Good Samaritan”) in Brockton, Massachusetts. Prior to the fire, Good Samaritan was covered by a policy issued by plaintiff Insurance Company of North America (“INA”). One month before the fire, however, Good Samaritan decided to replace INA’s policy with one written by defendant Protection Mutual Insurance Company (“Protection Mutual”). Protection Mutual’s policy went into effect as of April…