Arrow Automotive Industries, Inc. v. Liberty Mutual Insurance

van Gestel, J.

This matter is before the Court on cross motions in limine seeking a pre-trial ruling on the allocation of the burden of proof. The remaining underlying claim by Arrow Automotive Industries, Inc. (“Arrow”) seeks indemnification from Liberty Mutual Insurance Company (“Liberty Mutual") in connection with a Massachusetts Department of Environmental Protection (“DEP”) proceeding against Arrow for cleanup of groundwater contamination. The issue is who, Arrow or Liberty, has the burden of proof that Arrow is entitled or not entitled to coverage under a particular Liberty Mutual policy…