United States First Circuit

In a suit to recover a personal injury award from a company's insurer after the company declared bankruptcy, summary judgment for defendant-insurer is affirmed where: 1) plaintiff had not produced evidence that he submitted notice of his claim within the claim period set forth in the insurance policy; 2) plaintiff's proffered reasons why the notice provision should not apply were without merit; and 3) there was no ambiguity in the effective date of a policy exclusion or the identity of the insured party to which the exclusion applied.

Appellate Information

• Decided 11/05/2007
• Published 11/05/2007

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and SCHWARZER, Senior District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Verne E. Paradie, Jr. with whom Trafton & Matzen, LLP was on brief for appellants.


• For Appellees:
  
• John S. Whitman with whom Richardson, Whitman, Large & Badger was on brief for appellee.