United States First Circuit
OPEN SOFTWARE FOUND., INC. v. US FID. & GUAR. CO., 01-2342
Complaints based on the "bundling" of software in violation of antitrust laws did not state, or faintly sketch, a claim for damages resulting from personal injury or advertising injury as defined in general commercial liability policies, thus an insurer had no duty to defend in the litigation.
Appellate Information
- Decided 10/04/2002
- Published 10/04/2002
Judges
- LIPEZ, Circuit Judge., Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Eric R. Little, with whom David A. Gauntlett, Gauntlett & Associates, Stephen G. Hennessy, and Corcoran, Fitzgerald & Hennessy, LLC were on brief, for appellants.
- For Appellees:
- David M. Ostrander, with whom James S. Greenan, Greenan, Peffer, Sallander & Lally, LLP, John Graceffa, and Morrison, Mahoney & Miller were on brief, for appellee.