United States First Circuit

On cross-appeals of a power converter manufacturer's suit against its insurers and an excess carrier, seeking indemnification for funds it paid to a wireless communications company to whom it was liable after its converters failed, the judgment is reversed and the case remanded, where: 1) the district court's jury instruction referencing "emergency repairs" in relation to loss-of-use damages was erroneous, and the error in the definition of loss-of-use damages was prejudicial; 2) the district court abused its discretion in denying the insurers' motion to compel production of documents; and 3) the district court erred when it granted the primary insurers' summary judgment on the insured's claim that they failed to meet their obligation to pay the insured's reasonable attorney's fees in the underlying litigation.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Howard

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Bruce E. Falby, Kevin J. O'Connor