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AVEMCO INS. CO. v. AEROTECH, LTD.

Civ. A. No. 85-3168-Y.

677 F.Supp. 35 (1987)

AVEMCO INSURANCE COMPANY, Plaintiff, v. AEROTECH, LTD., Scott Faulkner, a/k/a John Scott Faulkner, III, Gregory Claude Lewis, Ray Hill, Mairead Hill, and Illinois Union Insurance Company, Defendants. Ray HILL, Mairead Hill, and Scott Faulkner a/k/a John Scott Faulkner, III, Third-Party Plaintiffs, v. DANA INSURANCE AGENCY and R.J. Saex Insurance Agency, Inc., Third-Party Defendants.

United States District Court, D. Massachusetts.

November 25, 1987.

Attorney(s) appearing for the Case

Ralph T. Lepore, III, Warner & Stackpole, Boston, Mass., for plaintiff.

James N. Esdaile, Jr., Esdaile, Barrett & Esdaile, Boston, Mass., for defendant Ray & Mairead Hill for Illinois Union.

Michael Aylward, Morrison, Mahoney & Miller, Boston, Mass., for Illinois Union Ins.

Jeffrey Meller, Burlington, Vt., for Faulkner.

James Smeallie, Sherburne, Powers, Needham, Boston, Mass., for R.J. Saex.

Richard Quinby, Craig & Macauley, Boston, Mass., for Dana Ins.

MEMORANDUM AND ORDER

YOUNG, District Judge.

This is a hard case. The result, while compelled by the plain meaning of the terms used in the two insurance contracts involved, may appear somewhat anomalous and unfair. Aerotech, Ltd. ("Aerotech"), a young Vermont corporation, appears to the Court to have proceeded prudently here, purchasing both an Owner's, Landlord's, and Tenant's liability insurance policy and products liability insurance. Now a tragic accident...

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