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PEABODY ESSEX MUSEUM, INC. v. U.S. FIRE INS. CO.

Civil Action No. 06cv11209-NG.

623 F.Supp.2d 98 (2009)

PEABODY ESSEX MUSEUM, INC., Plaintiff, v. UNITED STATES FIRE INSURANCE COMPANY, Defendant/Third-Party Plaintiff, v. Century Indemnity Company, Third-Party Defendant.

United States District Court, D. Massachusetts.

March 31, 2009.

Attorney(s) appearing for the Case

Jeremy A.M. Evans, Martin C. Pentz, Foley Hoag LLP, Boston, MA, for Plaintiff.

Michael F. Aylward, Morrison Mahoney LLP, Boston, MA, for Defendant/Third-Party Plaintiff.

Brian G. Fox, Mt. Laurel, NJ, David B. Chaffin, White and Williams LLP, Boston, MA, for Third-Party Defendant.

MEMORANDUM AND ORDER RE: MOTIONS FOR SUMMARY JUDGMENT

GERTNER, District Judge.

I. INTRODUCTION

This dispute between an insured, Peabody Essex Museum, Inc. ("the Museum"), and its insurer, United States Fire Insurance Co. ("U.S. Fire"), arose out of the 2003 discovery of oil damage to the land neighboring the Museum's property. The aggrieved landowner and the state environmental protection agency traced the damage to the...

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