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07-5162 - WHITMORE et al v. LIBERTY MUTUAL FIRE INSURANCE COMPANY


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07-5162 - WHITMORE et al v. LIBERTY MUTUAL FIRE INSURANCE COMPANY
September 30, 2008
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MEMORANDUM AND OPINION GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (DOCKET NO. 13). IT IS GRANTED AS TO THE BAD FAITH CLAIM AND DENIED IN ALL OTHER RESPECTS. PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT (DOCKET NO. 14) IS GRANTED ONLY SO FAR AS FINDING THAT THE LIBERTY MUTUAL POLICY POLLUTION EXCLUSION DOES NOT PRECLUDE COVERAGE OF THE DAMAGE CAUSED BY THE SPILLED HEATING OIL IN THIS INSTANCE, AND DENIED IN ALL OTHER RESPECTS. SIGNED BY HONORABLE GENE E.K. PRATTER ON 09/30/2008. 09/30/2008 ENTERED AND COPIES E-MAILED.(rab) Modified on 10/1/2008 (afm, ).