United States First Circuit

Lopez & Medina Corp. v. Marsh USA, Inc., 10-1702

On appeal of a rejected cross-motion for summary judgment that argued that an insurance policy's coverage expressly applied to an airline's underlying claims for damages arising from the insured's failure to provide air transportation, as contractually required, to the airline's passengers, the district court's order denying the motion is affirmed, as the phrase "legally obligated to pay as damages" in a commercial general liability policy, which usually covers only tort claims, does not also provide coverage for claims in an underlying action arising out of and related to a contract between the parties.

Appellate Information

• Decided 01/26/2012
• Published 01/26/2012

Judges

• Torruella

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Fernando D. Castro-Maldonado, Christopher A. Duggan