Progressive Insurance v. Department of Public Safety Fire Bureau of the American Samoa Government

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT

Introduction

We will once again assume the reader is familiar with the facts of this case. On May 10, 2005, Plaintiff Progressive Insurance Company (“Progressive”) filed a motion for partial summary judgment against Defendant Department of Public Safety Fire Bureau of the American Samoa Government (“ASG”) contending that there is no genuine issue as to any material fact that ASG owed a duty, and breached a duty, when it responded to the April 20, 2002 fire at the Laufou Shopping Center. On June 10, 2005,…