On June 14, 2021 a
Order
was filed
involving a dispute between
Metcalfe, Alison,
and
Arbella Mutual Insurance Company,
for Equitable Remedies
in the District Court of Norfolk County.
Preview
Date Filed 9/6/2022 2:38 PM
‘Superior Court’ Norfolk
Docket Number 2182CV00555 8.0
docketed 9/6/22
COMMONWEALTH OF MASSACHUSETTS
NORFOLK, ss. SUPERIOR COURT DEPARTMENT
C.A. NO.: 21-555
ALISON METCALFE. Gh fr B “Qore/,
Plaintiff
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Vv.
\ 4 am bipns 0 ns cord es
ARBELLA MUTUAL INSURANCE 1s oe nec!
COMPANY.
Defendants Facdve, Feeds
feos ond
jdgreat PSU odebhe
DEFENDANT, ARBELLA MUTUAL INSURANCE COMPANY’S, MOTION FO! 77 h yd »
SUMMARY JUDGMENT
The Defendant, Arbella Mutual Insurance Company (“Arbella”), hereby moves pursuant
to Mass. R. Civ. P. 56 for summary judgment on all counts. As reasons therefor, Arbella asserts
that the plaintiff has no reasonable expectation of proving an essential element of her case at trial—
namely that Steven Martin, the person against whom she obtained the judgment that is the basis
for her Complaint for Declaratory Judgment and which she seeks to have satisfied by the Arbella
policy, is entitled to coverage under the Arbella policy as an “insured.” In further support whereof,
Arbella additionally references and incorporates the attached Memorandum of Law.
{B1386458.1)
Date Filed 9/6/2022 2:38 PM
Superior Court’- Norfolk
Docket Number 2182CV00555
THE DEFENDANT,
ARBELLA MUTUAL
INSURANCE COMPANY
BY ITS ATTORNEYS,
DATE: May 10, 2022
Peter L. Bosse, Esq. (BBO# 633453)
Email: pbosse@boyleshaughnessy.com
Tanya T. Austin, Esq. (BBO# 664478)
Email: taustin@boyleshaughnessy.com
Boyle | Shaughnessy Law P.C.
695 Atlantic Avenue, 11" Floor
Boston, MA 02111
Tel.: (617) 451.2000
Fax: (617) 451.5775
CERTIFICATE OF SERVICE
Pursuant to Mass. R. Civ. P. 5(a) and/or Sup. Ct. R. 9A, I, the undersigned, do hereby
certify that a copy of the foregoing document has been served via email and/or first-class mail on
all parties or their representatives in this action as listed below this 10" day of May, 2022.
Counsel for Plaintiff,
Alison Metcalfe
Zachary M. Ballin, Esq.
Ballin & Associates, LLC
16 Chestnut Street, Suite 130
Foxborough, MA 02035-1464
fbe7 atts
O Peter L. Bosse, BBO# 633453
O Tanya T. Austin, BBO# 664478
Counsel for the Defendant, Arbella Mutual Insurance Company
{B1386458.1)
Document Filed Date
August 11, 2023
Case Filing Date
June 14, 2021
Category
Equitable Remedies
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Date Filed 9/6/2022 2:38 PM ‘Superior Court’ Norfolk Docket Number 2182CV00555 8.0 docketed 9/6/22 COMMONWEALTH OF MASSACHUSETTS NORFOLK, ss. SUPERIOR COURT DEPARTMENT C.A. NO.: 21-555 ALISON METCALFE. Gh fr B “Qore/, Plaintiff 4 coorkeacprel dew) - “Oexc0cf 7 Vv. \ 4 am bipns 0 ns cord es ARBELLA MUTUAL INSURANCE 1s oe nec! COMPANY. Defendants Facdve, Feeds feos ond jdgreat PSU odebhe DEFENDANT, ARBELLA MUTUAL INSURANCE COMPANY’S, MOTION FO! 77 h yd » SUMMARY JUDGMENT The Defendant, Arbella Mutual Insurance Company (“Arbella”), hereby moves pursuant to Mass. R. Civ. P. 56 for summary judgment on all counts. As reasons therefor, Arbella asserts that the plaintiff has no reasonable expectation of proving an essential element of her case at trial— namely that Steven Martin, the person against whom she obtained the judgment that is the basis for her Complaint for Declaratory Judgment and which she seeks to have satisfied by the Arbella policy, is entitled to coverage under the Arbella policy as an “insured.” In further support whereof, Arbella additionally references and incorporates the attached Memorandum of Law. {B1386458.1) Date Filed 9/6/2022 2:38 PM Superior Court’- Norfolk Docket Number 2182CV00555 THE DEFENDANT, ARBELLA MUTUAL INSURANCE COMPANY BY ITS ATTORNEYS, DATE: May 10, 2022 Peter L. Bosse, Esq. (BBO# 633453) Email: pbosse@boyleshaughnessy.com Tanya T. Austin, Esq. (BBO# 664478) Email: taustin@boyleshaughnessy.com Boyle | Shaughnessy Law P.C. 695 Atlantic Avenue, 11" Floor Boston, MA 02111 Tel.: (617) 451.2000 Fax: (617) 451.5775 CERTIFICATE OF SERVICE Pursuant to Mass. R. Civ. P. 5(a) and/or Sup. Ct. R. 9A, I, the undersigned, do hereby certify that a copy of the foregoing document has been served via email and/or first-class mail on all parties or their representatives in this action as listed below this 10" day of May, 2022. Counsel for Plaintiff, Alison Metcalfe Zachary M. Ballin, Esq. Ballin & Associates, LLC 16 Chestnut Street, Suite 130 Foxborough, MA 02035-1464 fbe7 atts O Peter L. Bosse, BBO# 633453 O Tanya T. Austin, BBO# 664478 Counsel for the Defendant, Arbella Mutual Insurance Company {B1386458.1)