Cotter v. Phoenix Insurance

Greco, PJ.

The defendant, Phoenix Insurance Company (“Phoenix”), has appealed the allowance of the plaintiffs’ motion for summary judgment and the denial of its own motion for summary judgment.

The plaintiffs, William and Linda Cotter (“the Cotters”), were insured by Phoenix for damage to their condominium in Concord for the year beginning December 13, 2005. It is undisputed that on September 1,2006, the Cotters suffered some damage to their property. They observed moisture on the ceiling of a study on the first floor that appeared to have been caused by some sort of leakage in the master bath…