American Employers Insurance Company, as Subrogee of Boston School of Modern Languages v. Acadia Insurance Company, as Insurer of R & R Battista, Inc.

Westport Insurance Company, as Insurer for 2 Arlington Street Condominium Trust v. Acadia Insurance Company, as Insurer of R & R Battista, Inc.

Date:

December 2003

Venue:

Multiple

Case Summary:

We defended two (2) subrogation claims alleging that Acadia Insurance Company’s insured, a general contractor, caused a fire which resulted in significant property damage. The Boston Fire Department’s Arson Investigation Unit determined that the cause of the fire was an improperly discarded cigarette. The subrogation claims of the two (2) insurers sought $166,000.00, the amount paid out to their respective insureds for this fire loss. The subrogation claims were consolidated. We defended these claims based on the failure of the Boston Fire Department to comply with the requirements of NFPA 921 with respect to a scientifically based determination of the cause and origin of a fire.

Results:

After Hearing before a three member Arbitration panel, decisions were rendered on the two (2) cases in favor of our client, Acadia Insurance Company, based on findings of no liability.

 

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