COMMERCIAL UNION INS. v. NORTH AMERICAN PAPER

No. CIV. A. 00-30135-KPN.

138 F.Supp.2d 222 (2001)

COMMERCIAL UNION INS. CO., Plaintiff v. NORTH AMERICAN PAPER CO., Defendant

United States District Court, D. Massachusetts.

April 6, 2001.


Attorney(s) appearing for the Case

Stuart G. Blackburn, Law Offices of Stuart Blackburn, Windsor Locks, CT, William e. Gericke, Cozen and O'Connor, Philadelphia, for Commercial Union Insurance Co., as subrogee of Eastwood Carriers, Inc., Danco Industries, Inc., Plaintiffs.

Edward F. Mahoney, Stephen M. O'Shea, Martin, Magnuson, McCarthy & Kenney, Boston, for North American Paper Company, A division of Mississippi River Corporation, Defendants.


MEMORANDUM AND ORDER WITH REGARD TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket No. 09)

NEIMAN, United States Magistrate Judge.

This subrogation case seeks to resolve whether the implied coinsured doctrine — recognized by the Massachusetts Supreme Judicial Court in Peterson v. Silva, 428 Mass. 751, 704 N.E.2d 1163 (1999), Lexington Ins. Co. v. All Regions Chem. Labs, Inc.,

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