United States First Circuit

In a dispute over insurance coverage, district court's judgment is affirmed where: 1) the court did not err in applying the "pleadings test" under state law in making its determination that defendant owed plaintiff a duty to defend from the EPA action; 2) court properly allocated to defendant total defense costs incurred for their breach of the duty to defend, but did not err in limiting the damages from the breach to only those costs accrued as of the date of the jury verdict; 3) court properly held plaintiff was not entitled to indemnity; and 4) plaintiff's challenges to various alleged errors with respect to the jury verdict are without merit.

Appellate Information

• Decided 03/13/2009
• Published 03/13/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, BOUDIN, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• John L. Altieri, Jr., with whom Boutin & Altieri, P.L.L.C., Lawrence A. Nathanson, and Siegal & Park, was on brief for Century Indemnity., Jack R. Pirozzolo, with whom John A. Shope, Sarah Cooleybeck, Kirk G. Hanson, David E. Cole, Jeremy A.M. Evans, and Foley Hoag LLP, was on brief for Emhart Industries., Kevin J. O'Connor, with whom Peter C. Netburn, and Hermes, Netburn, O'Connor & Spearing, P.C., was on brief for OneBeacon America., Mark T. Nugent, with whom John T. Harding and Morrison Mahoney LLP, was on brief for North River.