United States First Circuit

In a dispute between an insurer and insured-newspapers, which were involved with libel claims, over whether insurance coverage is barred by the "known loss" doctrine under Massachusetts law, district court's judgment denying coverage is vacated where the known loss doctrine cannot be applied, as defendant did not know or was not substantially certain that the loss occurred or was certain to occur when the policy was obtained.

Appellate Information

• Decided 03/19/2009
• Published 03/19/2009

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jonathan M. Albano with whom Robert A. Buhlman, Carol E. Head, Bingham McCutchen LLP, and George Freeman, The New York Times Company, were on brief for appellants.


• For Appellees:
  
• Richard E. Quinby with whom Daniel C. Reiser, Lauren J. Coppola and Craig and Macauley Professional Corporation were on brief for appellee.