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ACADIA INS. CO. v. PEERLESS INS. CO.

Civil Action No. 08-11682-JLT.

679 F.Supp.2d 229 (2009)

ACADIA INS. CO., Plaintiff, v. PEERLESS INS. CO., Defendant.

United States District Court, D. Massachusetts.

January 21, 2010.

Attorney(s) appearing for the Case

David D. Dowd, Curley & Curley, Boston, MA, Richard E. Heifetz, Tucker, Heifetz & Saltzman, LLP, Boston, MA, William P. Rose, Tucker, Heifetz & Saltzman, LLP, Boston, MA, for Plaintiff.

David R. Cain, Brown & Black, Boston, MA, Andrew Dunn, Devine, Millimet & Branch, Manchester, NH, George R. Moore, Devine, Millimet & Branch, PA, Andover, MA, for Defendant.

MEMORANDUM

TAURO, J.

I. Introduction

Plaintiff Acadia Insurance Company ("Acadia") brought this action in its own right and as the assignee of its insured, Blackdog Builders, Inc. ("Blackdog"), seeking to recover damages arising from an alleged breach of the duty to defend or indemnify Blackdog by Defendant Peerless Insurance Company ("Peerless").1 This alleged breach stems from a lawsuit brought against Blackdog...

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