ACE Fire Underwriters Insurance v. Commerce Insurance

INTRODUCTION

The plaintiff brought this action alleging breach of the defendant’s duty to defend and indemnify its insured under a homeowner’s policy. This matter is before the court on the defendant’s motion for summary judgment pursuant to Mass.R.Civ.P. 56. Also before the court is the plaintiffs motion for summary judgment on Counts I and II of the complaint. For the reasons set forth below, the defendant’s motion for summary judgment is ALLOWED. Further, the plaintiffs motion for summary judgment is DENIED.

BACKGROUND

The following is taken from the summary judgment record. The undisputed…