United States First Circuit

In a breach of contract action involving insurance liability coverage, district court's grant of summary judgment is vacated and remanded where defendant is not liable for the cost of the rework on the construction project, as although defendant's policy mirrored the primary insurance policy in many respects, it did not contain the primary insurance policy's "contractor rework coverage amendment" and it instead negated liability for the named hazards over and above existing exclusions elsewhere.

Appellate Information

• Decided 05/22/2009
• Published 05/22/2009

Judges

• BOUDIN, Circuit Judge., Before BOUDIN, JOHN R. GIBSON, and HOWARD, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• William T. Corbett with whom Mark D. Sheridan, Laura A. Brady, Jeffrey M. Beyer, Drinker Biddle & Reath LLP, Gregory P. Deschenes, Kurt M. Mullen and Nixon Peabody LLP were on brief for defendant, appellant/cross-appellee., Charles L. Philbrick with whom Sarah E. Pace, Stanley A. Martin and Holland & Knight LLP were on brief for plaintiff, appellee, cross-appellant.