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INS. CO. OF NORTH AMERICA v. PROTECTION MUTUAL INSURANCE

Civil Action No. 94-12165-NG.

939 F.Supp. 79 (1996)

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff, v. PROTECTION MUTUAL INSURANCE COMPANY, Defendant.

United States District Court, D. Massachusetts.

September 9, 1996.

Attorney(s) appearing for the Case

Jay M. Levin, Ronald B. Hamilton, Cozen and O'Connor, Philadelphia, PA, Gerald W. Motejumas, Lecomte, Emanuelson & Tick, Boston, MA, Stephen A. Cozen, Cozen & O'Connor, Philadelphia, PA, Marie Cheung-Truslow, Lecomte, Emanuelson, Tick & Doyle, Boston, MA, for Insurance Company of North America.

Alan R. Miller, Kathleen E. Maloney, Robins, Kaplan, Miller & Ciresi, Boston, MA, for Protection Mutual Insurance Company.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

GERTNER, District Judge.

I. INTRODUCTION

On May 23, 1994, a serious fire occurred at the Cardinal Cushing Campus of Good Samaritan Medical Center ("Good Samaritan") in Brockton, Massachusetts. Prior to the fire, Good Samaritan was covered by a policy issued by plaintiff Insurance Company of North America ("INA"). One month before the fire, however, Good Samaritan...

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