United States First Circuit

In plaintiff-insurance company's subrogation claim, district court's grant of summary judgment in favor of defendants in concluding that the implied coinsured doctrine controlled the outcome in this case and precluded the plaintiff from pursuing a subrogation claim is affirmed as plaintiff has not met its burden of proving that the "Responsibility for Damages" provision of a Residence and Care Agreement (RCA) overcomes the presumption that the landlord's insurance is held for the mutual benefit of both parties.

Appellate Information

• Decided 03/03/2010
• Published 03/03/2010

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Mark J. Albano, with whom Dalsey, Ferrara & Albano, was on brief for appellant.


• For Appellees:
  
• Eric S. Goldman, with whom Byrne & Drechsler, L.L.P., was on brief for appellees.