United States First Circuit

In an insurance coverage dispute, plaintiff-insurer is not liable to defend its insured in an ERISA action where the action was excluded from coverage under the pending and prior litigation exclusions of the policy.

Appellate Information

• Decided 10/21/2005
• Published 10/24/2005

Judges

• DYK, Circuit Judge., Before TORRUELLA, DYK , and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher Landau, with whom James F. Kavanaugh, Jr., Johanna L. Matloff, James P. Gillespie, Eric B. Wolff, Conn, Kavanaugh, Rosenthal, Peisch & Ford, LLP, and Kirkland & Ellis, LLP, were on brief, for appellant Raytheon Company.


• For Appellees:
  
• David Newmann, with whom Ellen S. Kennedy, Kurt B. Gerstner, Hogan & Hartson, LLP, and Campbell Campbell Edwards & Conroy, P.C., were on brief, for appellee Federal Insurance Company., John D. Hughes, with whom Wendy L. Rosebush and Edwards & Angell, LLP, were on brief, for appellee Axis Surplus Insurance Company.