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PUBLIC SERVICE MUT. INS. v. EMPIRE COMFORT SYSTEMS

Civil Action No. 06-11567-RGS.

573 F.Supp.2d 372 (2008)

PUBLIC SERVICE MUTUAL INSURANCE, as subrogee of Hillside Realty Trust, d/b/a Hillside Motel, v. EMPIRE COMFORT SYSTEMS, INC.

United States District Court, D. Massachusetts.

August 22, 2008.

Attorney(s) appearing for the Case

Anthony J. Antonellis, Michael P. Guagenty, Sloane & Walsh LLP, Boston, MA, for Public Service Mutual Insurance.

Hal Shillingstad, Jodi F. Colton, Flynn, Gaskins & Bennett, LLP, Minneapolis, MN, for Empire Comfort Systems, Inc.

MEMORANDUM AND ORDER ON MOTION OF DEFENDANT EMPIRE COMFORT SYSTEMS, INC., FOR SUMMARY JUDGMENT

STEARNS, District Judge.

This is a subrogation claim involving an insurance loss caused by an April 11, 2004 fire at the Hillside Motel (Motel) in Mattapoisett, Massachusetts. Plaintiff Public Service Mutual Insurance (PSMI), which insured the Motel, places blame for the fire on a DV-210 wall heater manufactured by defendant Empire Comfort Systems, Inc....

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