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NEW ENGLAND INSULATION COMPANY, INC. v. LIBERTY MUTUAL INSURANCE COMPANY

No. 11-P-1617.

83 Mass. App. Ct. 631 (2013)

NEW ENGLAND INSULATION COMPANY, INC. v. LIBERTY MUTUAL INSURANCE COMPANY.

Appeals Court of Massachusetts, Suffolk.

May 22, 2013.

Attorney(s) appearing for the Case

Elizabeth J. Stewart ( Susan J. Baronoff with her) for the plaintiff.

Kim V. Marrkand (Alec Zadek with her) for the defendant.

Present: COHEN, RUBIN, & CARHART, JJ.

COHEN, J.

The central issue in this appeal is whether the pro rata time-on-the-risk allocation method adopted by the Supreme Judicial Court in Boston Gas Co. v. Century Indem. Co., 454 Mass. 337 (2009) (Boston Gas), should be applied to determine the extent of indemnity coverage owed by Liberty Mutual Insurance Company (Liberty) for claims brought against its insured, New England Insulation Company, Inc. (NEIC...

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