United States First Circuit

In a suit over indemnification of a policyholder for liability arising out of a catastrophic accident, summary judgment for defendant is reversed and remanded for entry of judgment in favor of plaintiff where the policyholders' liability for the injuries was covered by his auto policy with defendant, not his general commercial liability policy with plaintiff, and plaintiff was not estopped to seek equitable subrogation from defendant.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John Egan, with whom Susan S. Riedel and Posternak Blankstein & Lund LLP were on brief, for appellant.


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