MUSTO v. LIBERTY INSURANCE CORPORATION

Filing 57

ORDER AFFIRMING RECOMMENDED DECSION granting in part and denying in part 41 and 42 Motion for Summary Judgment; adopting 52 Report and Recommendations. By JUDGE GEORGE Z. SINGAL. (lrt)

Case 1:20-cv-00188-GZS Document 57 Filed 01/11/22 Page 1 of 2

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UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ANGELA MUSTO,
Plaintiff,
v.
LIBERTY INSURANCE
CORPORATION d/b/a
LIBERTY MUTUAL,
Defendant.

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ORDER AFFIRMING RECOMMENDED DECSION
On November 21, 2021, the United States Magistrate Judge filed with the Court his
Recommended Decision on Motions for Summary Judgment (ECF No. 52). Plaintiff filed an
Objection to this Recommended Decision (ECF No. 55) on December 20, 2021. Defendant then
filed a Response to this Objection (ECF No. 56) on January 3, 2022.
I have reviewed and considered the Magistrate Judge's Recommended Decision, together
with the entire record. I have made a de novo determination of all matters adjudicated by the
Magistrate Judge's Recommended Decision. I concur with the recommendations of the Magistrate
Judge for the reasons set forth in his Recommended Decision and, thus, determine that no further
proceeding is necessary.
It is therefore ORDERED that:
1. The Recommended Decision (ECF No. 52) is hereby AFFIRMED.
2. Defendant’s Motion for Summary Judgment (ECF No. 41) is hereby GRANTED
IN PART and DENIED IN PART.
3. Plaintiff’s Motion for Summary Judgment (ECF No. 42) is hereby GRANTED IN
PART and DENIED IN PART.

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4. Judgment shall enter in favor of Defendant Liberty Insurance Corporation on
Counts I, II & III of the Complaint (ECF No. 1-1).
5. The Court hereby declares and adjudges that the appraisal award signed by
Reynolds and Wharff is valid and conclusively set the amount of Musto’s loss
stemming from the malfunctioning wood-pellet stove incident on February 20.
2019.
6. In light of this declaration, judgment on the Counterclaim (ECF No. 5) shall enter
in part in favor in Counterclaimant Liberty Insurance Corporation. To the extent
that the Counterclaim also sought other specific declarations, judgment shall enter
in favor of Counterclaim Defendant Musto.

SO ORDERED.
/s/ George Z. Singal
United States District Judge
Dated this 11th day of January, 2022.

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