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FEDERAL INS. CO. v. BOSTON WATER AND SEWER COM'N

Civil Action No. 05-12391-NMG.

583 F.Supp.2d 225 (2008)

FEDERAL INSURANCE COMPANY, as subrogee of CareGroup, Inc., Plaintiff, v. BOSTON WATER AND SEWER COMMISSION and MATEP, LLC, Defendants.

United States District Court, D. Massachusetts.

October 20, 2008.

Attorney(s) appearing for the Case

Timothy N. Cronin, NSTAR Electric & Gas Company, Christopher M. Morrison, Michael R. Perry, Hanify & King, Boston, MA, for Defendant.

Grace V. Bacon, Garcia Morrison Mahoney LLP, Jay S. Gregory, Leclair Ryan, PC, Edwin L. Hall, Paul M. James, Holland & Knight, LLP, David J. Hatem, Donovan & Hatem, LLP, Stephen M. Larose, Nixon Peabody LLP, John H. Stevens, Law Offices of Patricia C. Fraizer, Boston, MA, for ThirdParty Defendants.

Michael J. Izzo, Jr., Lawrence F. Walker, Cozen and O'Connor, Philadelphia, PA, Patrick J. Loftus, III, Law Offices of Patrick Loftus, Boston, MA, for Plaintiff.

MEMORANDUM & ORDER

GORTON, District Judge.

In this dispute about the cause of a flood at a hospital in Boston, Massachusetts, one defendant has moved to dismiss on the pleadings the claims of the subrogee of the owner and the other defendant has moved for summary judgment.

I. Background

A. Factual Background

Plaintiff Federal Insurance Company ("FIC") brought this subrogation action against the defendants...

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