United States First Circuit

In a suit challenging one insurer's refusal to defend another, summary judgment for defendant is affirmed where: 1) the arbitration that plaintiff alleged gave rise to the duty to defend focused on the breach of an exclusivity provision contained in a contract between the parties engaged in arbitration; and 2) the diversion of business by plaintiff in breach of the exclusivity obligation was not within the coverage provided by the defendant's policy.

Appellate Information

• Decided 06/07/2007
• Published 06/07/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CYR and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John J. Davis with whom Pierce, Davis & Perritano, LLP was on brief for appellant.


• For Appellees:
  
• Russell F. Conn with whom Erin K. Higgins, Jacob A. Labovitz and Conn Kavanaugh Rosenthal Peisch & Ford, LLP were on brief for appellee.