North Coast Sea-Foods Corp. v. Philadelphia Indemnity Insurance Company
||North Coast Sea-Foods Corp.
||Philadelphia Indemnity Insurance Company
||December 21, 2017
||US District Court for the District of Massachusetts
||Allison D. Burroughs
|Nature of Suit:
|Cause of Action:
|Jury Demanded By:
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|March 31, 2019
Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Although the format and other aspects of the 2012 Agreement imply that North Coast and Diamond might have presumed that it was more of an updated rate sheet than an entirely new contract, t he Court is unable, under the circumstances, to look to the intent of the parties and supplement the 2012 Agreement with a non-essential term where there is no ambiguity on the face of the contract. Accordingly, PIIC's cross motion for summary judgment [ECF No. 21 ] is GRANTED. North Coasts motion for summary judgment [ECF No. 15 ] is DENIED. The parties shall bear their own costs. SO ORDERED.(McDonagh, Christina)
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