United States First Circuit

Plaintiff has a duty to defend defendant in the underlying state court suit alleging legal malpractice and breach of fiduciary duty, despite the "business enterprise" exclusion in its professional liability insurance policy. Under Maine law, defendant had no beneficial interest arising from his wife's ownership of Rent-A-Husband shares, issued to her in exchange for his legal representation of Rent-A-Husband.

Appellate Information

• Decided 02/26/2004
• Published 02/26/2004

Judges

• LYNCH, Circuit Judge., Before BOUDIN, Chief Judge, LOURIE, Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Scott F. Bertschi, with whom Matthew T. Covell and Arnall Golden Gregory LLP were on brief, for appellant.


• For Appellees:
  
• Roy T. Pierce, with whom Jonathan S. Piper and Preti, Flaherty, Beliveau, Pachios & Haley, LLC were on brief, for appellees.