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Hospitality Mutual Insurance Co.
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Order | Filed: March 15, 2021 | Entered: March 15, 2021 Atain Specialty Insurance Company v. Davester LLC et al
Insurance | Massachusetts
Judgment
Judge Indira Talwani: ORDER entered. JUDGMENT. Please see attached. (Kelly, Danielle)
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Order | Filed: March 15, 2021 | Entered: March 15, 2021 Atain Specialty Insurance Company v. Davester LLC et al
Insurance | Massachusetts
Order
Judge Indira Talwani: ELECTRONIC ORDER: On March 4, 2021, the court notified the parties of its intent to lift the stay as to Count II and to dismiss it without prejudice as moot and to enter judgment in favor of Plaintiff. See Elec. Order 53 . The parties were instructed to file any objections to the court proceeding in this manner no later than March 9, 2021. Id. No objections having been filed, the stay is lifted, and Count II is dismissed without prejudice as moot in light of the court's ruling on Count I. (Kelly, Danielle)
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Order | Filed: March 04, 2021 | Entered: March 04, 2021 Atain Specialty Insurance Company v. Davester LLC et al
Insurance | Massachusetts
Order
Judge Indira Talwani: ELECTRONIC ORDER: Plaintiff's Complaint 1 sought a declaratory judgment that it was not obligated to defend or indemnify Davester LLC, doing business as Embargo, or any other party in an action brought by Newman Galati in state court based on two different exclusions in the insurance contract. The Complaint 1 sets forth the two exclusions as different "counts," and Plaintiff originally sought summary judgment as to both counts. The parties subsequently stipulated that Plaintiff would proceed only as to Count I, concerning the "Aircraft, Auto or Watercraft Exclusion," and that Count II, concerning the "Liquor Liability" exclusion would be stayed pending resolution of Count I. Elec. Clerks Notes 40 ; Status Report 42 . Having granted Plaintiff declaratory relief based on "Count I," the court intends to lift the stay and dismiss Count II without prejudice as moot and to enter judgment in favor of Plaintiff. Any objections to the court proceeding in this manner shall be filed not later than March 9, 2021. (Kelly, Danielle)
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