CUMIS Insurance Society, Inc. v. BJ's Wholesale Club, Inc.

Quinlan, Regina L., J.

INTRODUCTION

The plaintiffs, CUMIS Insurance Society, Inc. (“CUMIS”) and 192 separate credit unions (“the credit unions”), seek damages against the defendants, BJ’s Wholesale Club, Inc. (“BJ’s Wholesale”) and Fifth Third BankCorp (“Fifth Third”), for breach of contract (counts I and II), fraud (counts III and IV), negligent misrepresentation (counts V and VI), negligence (counts VII and VIII), violations of G.L.c. 93A (counts IX and X), equitable indemnification (count XI), and subrogation (count XII). The claims arise from an alleged security breach in which an…