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)

Download PDF
Case 1:20-cv-00188-GZS Document 57 Filed 01/11/22 Page 1 of 2 PageID #: 917 UNITED STATES DISTRICT COURT DISTRICT OF MAINE ANGELA MUSTO, Plaintiff, v. LIBERTY INSURANCE CORPORATION d/b/a LIBERTY MUTUAL, Defendant. ) ) ) ) ) Docket no. 1:20-cv-00188-GZS ) ) ) ) ) ) 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. Case 1:20-cv-00188-GZS Document 57 Filed 01/11/22 Page 2 of 2 PageID #: 918 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. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?