Moroney Body Works, Inc. v. Central Insurance Companies (Lawyers Weekly No. 11-093-15)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA, 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us 14-P-422 Appeals Court MORONEY BODY WORKS, INC. vs. CENTRAL INSURANCE COMPANIES. No. 14-P-422. Worcester. January 12, 2015. – August 6, 2015. Present: Fecteau, Wolohojian, & Massing, JJ. Insurance, Fire, Property damage, Construction of policy, Coverage, Amount of recovery for loss. Contract, Insurance. Damages, Breach of contract, Repairs. Practice, Civil, Damages. Civil action commenced in the Superior Court Department on February 13, 2012. The case was heard by Richard T. Tucker, J., on motions for summary judgment. William A. Schneider for the defendant. David K. McCay for the plaintiff. WOLOHOJIAN, J. We consider whether a commercial property insurance policy issued by Central Insurance Companies (Central) provides coverage and, if so, to what extent, for damage to a bookmobile caused by a fire at its insured, Moroney Body Works, Inc. (Moroney). Central relies principally on two provisions of its policy to support its denial of coverage. First, it contends that the “other insurance” provision means that Central’s coverage does not come into play until the policy limit of a Massachusetts garage insurance policy issued to Moroney by Pilgrim Insurance Company (Pilgrim) is exhausted.[1] Second, Central argues, in the alternative, that its liability is limited to the cost of repairing the bookmobile. We conclude that because the two policies insured the same interest in the same property against the same risk, Central’s “other insurance” provision applies. We also conclude that the “loss payment” provision of Central’s policy limits its liability, at its election, to the cost of repair. We accordingly reverse the summary judgment in favor of Moroney on its breach of contract claim. 1. Background. The facts are undisputed. Moroney manufactures specialized truck bodies in Worcester. On April 7, 2011, a fire began in one vehicle at Moroney’s facility and spread to a custom-built bookmobile that had just been completed for the city of Beverly (city). The city refused to accept delivery of the bookmobile after the fire. Moroney had two insurance policies at the time of the fire: a commercial property policy issued by Central, and a garage insurance policy issued by Pilgrim. Moroney demanded payment under both. Central denied liability. Pilgrim’s policy provided primary coverage, and Pilgrim agreed that its policy covered the cost of repairing the bookmobile. It paid $ 12,449.82 based on its appraiser’s estimate of […]
Famous Works from South End Artist Found in Storage, Now Up for Auction
It sounds like the plot of a movie: Important works by a prominent South End artist were found recently in an abandoned locker in western Massachusetts. Now, the artwork, a unique collection of works from visual artist Allan Rohan Crite, who was a long-time resident, artist and important figure in the South End for much of the 20th Century, is being put up for auction this weekend. The collection features a selection of autobiographical sketches in pencil documenting the African American experience. The works include prints, drawings, and the artist’s personal documents and studio materials, including a mannequin and his mimeograph machines. The works were the content of Crite’s studio that were put into storage in the 1990s when he became ill. Crite lived and worked in Boston for most of his life, starting out as a student at the Children’s Art Centre at the United South End Settlements before graduating from English High School in 1929 and earning degrees from the School of the Museum of Fine Arts, Harvard, and Suffolk. In his later years, he returned to the South End to live at work at the Allan Rohan Crite Research Institute on Columbus Avenue. In 1986, the intersection of Columbus Avenue and West Canton Street was named Allan Rohan Crite Square. A 2002 Boston Globe review called Mr. Crite “the granddaddy of the Boston art scene,” naming him as “a master of his craft and a treasure of his community.” An African-American man, Crite’s works centered around telling about what he called the “African-American Experience.” “As a visual artist,” Mr. Crite said in a 1998 interview with the Harvard Extension School Alumni Bulletin, “I am . . . a storyteller of the drama of man. This is my small contribution – to tell the African-American experience – in a local sense, of the neighborhood, and, in a larger sense, of its part in the total human experience.” He died at the age of 97 in 2007. You can read more about Crite’s life in an obituary published by the Boston Globe. Crite’s works will be put up for auction at Grogan and Company, Fine Art Auctioneers and Appraisers in Dedham. The auction will be begin at 10 a.m. Sunday, June 16th, with a three-day exhibition opening on Thursday, June 13th. More information on the auction can be found here. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Public Works Targeting Potholes, Asking for Public Help
It’s that time of the year: the birds are singing, the Sox are in spring training, the flowers are sprouting and — the potholes along Boston streets are threatening to eat us alive. Last week, Mayor Thomas Menino announced a concerted effort by the Boston Public Works Department to fill potholes that appeared over the winter. In addition, the department is asking for residents’ help to identify problem spots on the roads. “Boston’s residents deserve a smooth ride,” said Mayor Menino. “Our city works best when everyone works together. With residents help we can identify and repair potholes more quickly than if Public Works did it alone.” Residents can report potholes using the Citizens Connect app, calling the mayor’s hotline at 617-635-4500, filing a request online, or tweeting to @NotifyBoston with the hashtag #spotholes. You can also keep track of the city’s progress, and the number of potholes filled, at the Boston@Work Tumblr page (bostonatwork.tumblr.com/). The site will feature a tally of potholes filled during this two weekcampaign, a map of all open and closed pothole cases, and pothole themed images and art. “Filling potholes is our most important task each spring,” said Joanne Massaro, commissioner of Public Works. “Our inspectors and patch crews work extraordinarily hard to repair our roads. Citizen reports aid our efforts tremendously, allowing us to fill potholes more quickly.” SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch