HOME INS. CO. v. ST. PAUL FIRE & MARINE INS. CO.

No. 99-1909.

229 F.3d 56 (2000)

The HOME INSURANCE COMPANY, Plaintiff, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided October 11, 2000.


Attorney(s) appearing for the Case

David A. Grossbaum, with whom Maura K. McKelvey and Cetrulo & Capone were on brief, for appellant.

Richard L. Suter, with whom Suter & Associates was on brief, for appellee.

Before BOUDIN, Circuit Judge BOWNES, Senior Circuit Judge and LYNCH, Circuit Judge.


LYNCH, Circuit Judge.

In 1995, the Maine law firm of Smith & Elliott (S & E) was sued for malpractice.1 S & E held lawyers' professional liability insurance from both The Home Insurance Company and St. Paul Marine & Fire Insurance Company. The Home defended the firm in the 1995 suit and eventually settled. In the meantime, The Home brought this suit, seeking a declaration that St. Paul was obligated to share the costs of...

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