American Guarantee & Liability Insurance v. Timothy S. Keiter, P.A.
Court of Appeals for the First Circuit
1Opinion of the Court
LYNCH, Circuit Judge.
A legal malpractice insurer sought a declaratory judgment in federal district court that, pursuant to a “business enterprise” exclusion in a lawyer’s professional liability insurance policy, it has neither a duty to defend nor a duty to indemnify the insured lawyer, Timothy Keiter, in an underlying state court suit alleging legal malpractice and breach of fiduciary duty. The district court denied the insurer’s summary judgment motion. It found a duty to defend under Maine law and held that consideration of the duty to indemnify was premature. The insurer appealed on the…
2Cases cited17 opinions
- Gibson v. Farm Family Mutual InsuranceSupreme Judicial Court of Maine · 1996
- LaHue v. Keystone Investment Co.Court of Appeals of Washington · 1972
- Mt. Airy Insurance v. GreenbaumCourt of Appeals for the First Circuit · 1997
- Davis v. CoxCourt of Appeals for the First Circuit · 2004
- Auto Europe, LLC v. Connecticut Indemnity Co.Court of Appeals for the First Circuit · 2003
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- PRIME TANNING CO., INC. v. Liberty Mut. Ins. Co.District Court, D. Maine · 2010
- Pawtucket Credit Union v. Haase (In Re Haase)Bankruptcy Appellate Panel of the First Circuit · 2004
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