United States First Circuit

In a dispute involving insurance liability coverage, district court's grant of summary judgment for plaintiff is reversed where the business risk exclusions in the insurance policy did not relieve plaintiff of its duty to defend, as the allegations in the complaint were reasonably susceptible to an interpretation that they stated covered claims and did not prove the applicability of the pertinent exclusions.

Appellate Information

• Decided 04/16/2009
• Published 04/16/2009

Judges

• HOWARD, Circuit Judge., Before LIPEZ, SELYA and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Steven L. Schreckinger, with whom Harvey Nosowitz, and Lynch, Brewer, Hoffman & Fink, LLP, were on brief for appellant.


• For Appellees:
  
• Robert L. Ciociola, with whom Litchfield Cavo, LLP was on brief, for appellee.