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MULHERN v. PHILADELPHIA INDEM. INS. CO.

Civil Action No. 10-10125.

802 F.Supp.2d 317 (2011)

Peter J. MULHERN, Trustee of Hermes Realty Trust, and Habit OPCO, Inc. v. PHILADELPHIA INDEMNITY INSURANCE COMPANY.

United States District Court, D. Massachusetts.

August 15, 2011.

Attorney(s) appearing for the Case

Caryn L. Daum, Robinson & Cole LLP, Boston, MA, Gregory P. Varga, Robinson & Cole LLP, Hartford, CT, for Philadelphia Indemnity Insurance Company.

Valerie L. Pawson, Ira H. Zaleznik, Lawson & Weitzen, LLP, Boston, MA, for Peter J. Mulhern.

MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR PARTIAL SUMMARY JUDGMENT

STEARNS, District Judge.

The case arises from defendant Philadelphia Indemnity Insurance Company's (Philadelphia Indemnity's) denial of coverage for structural damage sustained by a building (Building) leased to Habit OPCO, Inc. (Habit). The damage is alleged to have been caused by construction at an adjacent site owned by Greater Boston Food Bank (GBFB).1 On...

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