Middlesex Mutual Assurance Co. v. Puerta De La Esperanza, LLC

MEMORANDUM AND ORDER REGARDING CROSS-MOTIONS FOR SUMMARY JUDGMENT

PONSOR, District Judge.

I. INTRODUCTION

On September 21, 2009, Plaintiff Middlesex Mutual Assurance Company brought suit against Defendant Puerta de La Esperanza, LLC, seeking a declaratory judgment to the effect that damage to Defendant’s building is not covered by Defendant’s insurance policy. Defendant contests Plaintiffs interpretation of the policy and has filed a counterclaim alleging breach of contract, violation of the implied covenant of good faith and fair dealing, negligence, and violation of Mass. Gen. Laws ch. 93A, §§…