United States First Circuit

Summary judgment for defendant seeking payment from plaintiff-insurer as part of a settlement over a vehicle liability suit is reversed where plaintiff produced ample and persuasive evidence that the policy language was a mistake, and there are no equitable barriers to reformation of the policy.

Appellate Information

• Decided 10/06/2006
• Published 10/09/2006

Judges

• LIPEZ, Circuit Judge., Before LIPEZ, Circuit Judge, CYR, Senior Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter G. Hermes, with whom Peter C. Netburn, Michael S. Batson, and Hermes, Netburn, O'Connor & Spearing, P.C. were on brief, for the appellant.


• For Appellees:
  
• William A. Schneider, with whom Michael F. Aylward, Richard W. Jensen, and Morrison Mahoney LLP were on brief, for the appellee.