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AUDUBON HILL SOUTH CONDOMINIUM ASSN. v. COMMUNITY ASSN. UNDERWRITERS OF AMERICA, INC.

No. 11-P-1546.

82 Mass. App. Ct. 461 (2012)

AUDUBON HILL SOUTH CONDOMINIUM ASSOCIATION v. COMMUNITY ASSOCIATION UNDERWRITERS OF AMERICA, INC.

Appeals Court of Massachusetts, Middlesex.

September 20, 2012.

Attorney(s) appearing for the Case

James E. Grumbach for the plaintiff.

William T. Kennedy ( Christine M. McPhee with him) for the defendant.

Present: VUONO, SIKORA, & FECTEAU, JJ.

SIKORA, J.

These cross appeals present a dispute over insurance coverage. Audubon Hill South Condominium Association (Audubon or association) sued its insurer, Community Association Underwriters of America, Inc. (CAU), to establish coverage of damage to one of its units from the subsidence or tilt of a foundational slab. At the conclusion of discovery, each party moved for summary judgment. Audubon insisted that the computation of the amount of loss by a statutorily...

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