Legal Opinion

Billitier v. Merrimack Mutual Fire Insurance

District Court, W.D. New York

Decided April 18, 2011No. 08-CV-6482LPublishedCited by 2 opinions

1Opinion of the Court

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Plaintiff Ronald Billitier, Jr. (“Billitier”) brings this action against Merrimack Mutual Fire Insurance Company (“Merrimack”), seeking coverage for water damage pursuant to a property insurance policy he purchased from Merrimack. Merrimack now moves for summary judgment dismissing the complaint, on the grounds that its denial of coverage to Billitier for the underlying damages was justified by an applicable policy exclusion. (Dkt. # 19). For the reasons discussed below, the motion is denied.

FACTUAL AND PROCEDURAL BACKGROUND

At some point…

2Cases cited4 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. 40 Gardenville, LLC v. Travelers Property Casualty of AmericaDistrict Court, W.D. New York · 2005

3Cited by2 opinions

  1. Fulton v. Beacon National Insurance Co.Court of Appeals of Arkansas · 2012
  2. Tawadros v. Allstate Vehicle and Property Insurance CompanyDistrict Court, N.D. New York · 2020

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