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IN RE BOSTON REGIONAL MEDICAL CENTER, INC.

Bankruptcy No. 99-10860-CJK, Adversary No. 01-1376.

285 B.R. 87 (2002)

In re BOSTON REGIONAL MEDICAL CENTER, INC., Debtor. Executive Risk Indemnity, Inc., Plaintiff, v. Boston Regional Medical Center, Inc., Defendant, and Jon Asgiersson et al., Nominal Defendants.

United States Bankruptcy Court, D. Massachusetts.

April 2, 2002.

Attorney(s) appearing for the Case

Barbara O'Donnell, Esq., Boston, MA, Peter Lovato, III, Esq., Chicago, IL, for Executive Risk Indemnity, Inc.

Charles Bennett, Jr., Esq., for Boston Regional Medical Center, Inc.

Theodore Dinsmoor, Esq., Boston, MA, for Frances Crunk.

Michael Coppock, Esq., for Charles Ricks.

David Nickless, Esq., Nickless & Phillips, Fitchburg, MA, for five Nominal Defendants.

Paul Rezendes, Esq., Woburn, MA, for seven Nominal Defendants.

Howard Brown, Esq., for Laura Hogan.

Alan Hoffman, Esq., for Gordon Berg.

T. Philip Leader, Esq., Worcester, MA, for Ariel Schmidt.

Thomas Bean, Esq., for Atlantic Adventist Health Care.

MEMORANDUM OF DECISION ON PLAINTIFF'S MOTION FOR INTERIM RELIEF AND ON PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT

CAROL J. KENNER, Bankruptcy Judge.

The Plaintiff, Executive Risk Indemnity, Inc. ("ERI"), issued a directors, officers and trustees liability insurance policy that provides two kinds of coverage relevant to this proceeding. First, it provides coverage to the officers, directors and trustees of Boston Regional Medical Center, Inc. ("the Debtor...

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