United States First Circuit

Summary judgment for insured, in a dispute over claims relating to an insurance policy that was cancelled before the end of its term, is affirmed over the insurer's argument that it was liable for only a portion of the annual aggregate limit, where the language of the insurance contract did not contemplate proration of the annual aggregate limit.

Appellate Information

• Decided 01/18/2007
• Published 01/19/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, CYR, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Joseph S. Sano with whom John E. Matosky and Prince, Lobel, Glovsky & Tye LLP were on brief for appellant.


• For Appellees:
  
• Martin C. Pentz with whom Jeremy A.M. Evans and Foley Hoag LLP were on brief for appellee.