United States First Circuit

Even if a prospectus is advertising material for purposes of determining insurance coverage, an exclusion for professional activities specifically listing investment advice eliminates any duty on the part of the insurer to defend the insured.

Appellate Information

• Decided 08/15/2001
• Published 08/15/2001

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Alan L. Briggs with whom James P. Wehner, Amy L. Easton, Squire, Sanders & Dempsey L.L.P., George W. Walker, III, Lee H. Copeland and Copeland, Franco, Screws & Gill, P.A. were on brief for appellant., Mariann Zampano Malay, Dwight D. Valentine, Niarchos, Sullivan, Valentine & Malay, Walter Andrews, Lon Berk, Paul Janaskie, Lara Ramsey and Shaw Pittman on brief for St. Paul Surplus Lines Insurance Company, Amicus Curiae., Erik Lund, Vincent M. Amoroso and Posternak, Blankstein & Lund, LLP on brief for First State Insurance Company, Amicus Curiae.


• For Appellees:
  
• James E. Harvey, Jr. with whom Kevin D. McElaney, John F. Brosnan and O'Malley and Harvey, LLP were on brief for appellee.