United States First Circuit

Summary judgment for defendant-insurer in a coverage dispute action in which plaintiff alleged that defendant-insurer should defend him in the underlying action brought by his former employer for, allegedly, poaching its customers and spreading false, damaging information about its products, is affirmed, where: 1) the Policy, which covers the former employer, simply does not provide coverage to plaintiff when the former employer, the company for which he served as a vice president, claims that it suffered damages as a result of plaintiff's harmful and intentional acts; 2) these allegations, if proven, would constitute a breach of plaintiff's fiduciary duties to the former employer and are beyond the scope of plaintiff's duties as an executive officer; and therefore, 3) they fall outside the Policy's coverage.

Appellate Information

• Decided 06/25/2014
• Published 06/25/2014

Judges

• THOMPSON

Court

• United States First Circuit

Counsel