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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND THE CARNEY FAMILY INVESTMENT TRUST, John D. & Kathleen L. Carney, Trustees v. INSURANCE COMPANY OF NORTH AMERICA : : : : : CIVIL NO. CCB-03-1558 : : : ...o0o...

MEMORANDUM On September 9, 2002, fire damaged a yacht owned by the plaintiff, Carney Family Investment Trust ("CFIT"), and insured with defendant Insurance Company of North America ("INA") for over $1.1 million in property damage. As of the date suit was filed, in May 2003, CFIT had rejected INA's settlement offer, and the yacht had not yet been repaired. CFIT, a Massachusetts trust, seeks in Count One a declaratory judgment as to INA's breach of contract, and in Count Two actual damages, double or treble damages, and attorney's fees, alleging unfair claims settlement practices under Massachusetts law. Mass. Gen. Laws chs. 176D

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