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A & W MAINTENANCE, INC. v. FIRST MERCURY INS. CO.

Civil Action No. 1:14-cv-10169-WGY.

91 F.Supp.3d 113 (2015)

A & W MAINTENANCE, INC., Plaintiff, v. FIRST MERCURY INSURANCE COMPANY, Defendant, The Charter Oak Fire Insurance Company, Intervenor-Defendant, Excelsior Insurance Company, Intervenor-Defendant.

United States District Court, D. Massachusetts.

Signed March 17, 2015.

Attorney(s) appearing for the Case

Carlin J. Phillips, Phillips & Garcia, LLP, North Dartmouth, MA, for Plaintiff.

Peter G. Hermes, Alexandra L. Geiger, Hermes, Netburn, O'Connor & Spearing, Boston, MA, for Defendant.

Gerald P. Dwyer, Jr., Jonathan E. Small, Robinson & Cole, LLP, Hartford, CT, John P. Ryan, Myles W. McDonough, Ryan B. MacDonald, Sloane & Walsh, Boston, MA, for Intervenor-Defendant.

FINDINGS OF FACT, RULINGS OF LAW, AND DECLARATORY JUDGMENT

I. INTRODUCTION

This action arises out of an accident (the "Underlying Accident") that occurred on February 23, 2011, when an employee of A & W Maintenance, Inc. ("A & W") sustained injuries after falling into an open clarifier tank...

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