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NORTH AMERICAN SPECIALTY INSURANCE COMPANY v. PAYTON CONSTRUCTION CORPORATION

No. 09-P-1391.

80 Mass. App. Ct. 367 (2011)

NORTH AMERICAN SPECIALTY INSURANCE COMPANY v. PAYTON CONSTRUCTION CORPORATION & others.

Appeals Court of Massachusetts, Suffolk.

September 8, 2011.

Attorney(s) appearing for the Case

John Donovan, III , for the plaintiff.

Grace V.B. Garcia for Payton Construction Corporation & another.

Jon A. Halaby for D.J. Plumbing and Heating, Inc.

Present: BERRY, SMITH, & GREEN, JJ.

BERRY, J.

The plaintiff insurer, North American Specialty Insurance Company (North American), paid $1.2 million under an all risk policy issued to Nautical Resources Nominee Trust, the owner of a guest house (owner) that caught fire while being renovated. North American, as subrogee to the owner, then filed suit in Superior Court against the general contractor, Payton Construction Corporation (Payton), and the subcontractors, Nardone

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