Premier Insurance v. Empire Fire & Marine Insurance

INTRODUCTION

Plaintiff, Premier Insurance Company of Massachusetts (“Premier”), brings this action against defendant, Empire Fire and Marine Insurance Company (“Empire”), alleging unjust enrichment based upon Empire’s failure to pay a claim resulting from a collision involving a rental vehicle insured by Empire. Premier has filed a motion for summary judgment on the question of liability. For the following reasons, plaintiffs motion for summary judgment is ALLOWED.

SUMMARY JUDGMENT RECORD

The record, viewed in the light most favorable to the defendant, is as follows. This action arose out of a…