District Court, D. Massachusetts March 26, 2012, C.A. No. 10-cv-30039-MAP (Espedito Realty, LLC v. National Fire Insurance)

MEMORANDUM AND ORDER REGARDING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT, DEFENDANT’S MOTION TO AMEND, AND PLAINTIFF’S MOTION TO STRIKE (Dkt. Nos. 29, 27, & 38)

PONSOR, District Judge.

I. INTRODUCTION

In Ernest Hemingway’s novel For Whom the Bell Tolls, the protagonist Robert Jordan experiences a movement of the earth.1 This case looks at the same phenomenon from an insurance perspective.