United States First Circuit

In a suit between a company and its insurers over the insurers' obligation to defend against a third-party complaint for contribution towards costs associated with an environmental cleanup, judgment against one of the insurers and summary judgment in favor of the other are affirmed where: 1) the language of the first insurer's policy potentially covered the claims against the company; 2) the district court did not abuse its discretion in awarding attorney's fees to the company; and 3) the company did not establish that the allegations fell within the scope of the second insurer's policy coverage.

Appellate Information

• Decided 05/30/2007
• Published 05/30/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and TASHIMA, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John T. Harding, Jr., with whom Michael F. Aylward and Morrison Mahoney LLP, were on brief, for appellant.


• For Appellees:
  
• Jeffrey T. Edwards, with whom Preti, Flaherty, Beliveau & Pachios, LLP, was on brief, for appellee., Mark D. Cahill, with whom Terrence M. Schwab and Choate, Hall & Stewart LLP, were on brief, for cross-appellee.