Cumis Insurance Society v. BJ's Wholesale Club

Fremont-Smith, Thayer, J.

INTRODUCTION

The plaintiffs, CUMIS Insurance Society, Inc. (“CUMIS”) and one hundred seven separate credit unions (the “credit unions”) seek damages against the defendants, BJ’s Wholesale Club, Inc. (“BJ’s”) and Fifth Third Bank Corp. (“Fifth Third”), for fraud, negligent misrepresentation, violations of G.L.c. 93A, equitable indemnification and subrogation.3 The claims arise from an alleged security breach in which unauthorized third parties obtained information and made fraudulent purchases from Visa, U.S.A., Inc. (“Visa”) and MasterCard International (“MasterCard”)…