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United States First Circuit

Sanders v. Phoenix Ins. Co., 15-2539

In a diversity suit arising from the refusal of insurer-defendant to defend and/or indemnify its named insured, an attorney, against claims of a plaintiff suing in his capacities as executor of the estate of a woman with whom the attorney had a romantic (and tragic) relationship, the district court's dismissal of the complaint for failure to state a claim upon which relief could be granted is affirmed where: 1) there was no breach of the insurer's duty to defend because the insurer's duty to defend was never triggered (and, thus, never breached) in the circumstances of this case; and 2) plaintiff's other theories of liability are also without merit.

Appellate Information

  • Decided
  • Published 2016/12/07




  • United States First Circuit


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