ASN Park Essex, LLC v. E.M. Duggan, Inc.

Kaplan, Mitchell H., J.

INTRODUCTION

This action arises out of substantial water damage at a twenty-eight-stoiy apartment building located at 660 Washington Street in Boston (the Building) and owned by the plaintiff ASN Park Essex, LLC (ASN). Plaintiff American Modern Insurance Group (American) insured the Building and paid ASN $9,493,781 to settle ASN’s claim under its policy (net ofa$250,000 policy deductible). In this subrogation action, American, standing in the shoes of ASN, seeks to recover the loss from various defendants. Plaintiffs allege that the damage was the result of a failed…