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Federal Insurance Co. v. Commerce Insurance Co.

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Before Torruella, Boudin, and Howard, Circuit Judges.

In this appeal, based on diversity jurisdiction, appellant Federal Insurance Company (“Federal”), the insurer of Berkshire Retirement Community, Inc. (“Berkshire Retirement”), challenges the district court’s decision to grant summary judgment on its subrogation claim in favor of defendants Commerce Insurance Company (“Commerce”) and the Estate of Lucia A. Roberts (“Roberts”).

After Federal had reimbursed Berkshire Retirement for its loss from a fire negligently started by Roberts, Federal sued in the U.S. District Court of Massachusetts, arguing that the implied coinsured doctrine did not bar its subrogation claim against defendants. The district court granted summary judgment in favor of the defendants, and Federal now appeals. After careful consideration, we affirm the district court’s judgment.

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