Legal Opinion

Nascimento v. Preferred Mutual Insurance

Court of Appeals for the First Circuit

Decided January 18, 2008No. 07-1792PublishedCited by 21 opinions

1Opinion of the Court

GELPÍ, District Judge.

Jack Nascimento appeals a district court judgment declaring that Preferred Mutual Insurance Company (“Preferred Mutual”) is under no contractual obligation to defend him in an environmental liability suit brought against him by his neighbors, Tia-go and Maria Leal. We affirm, albeit on slightly different grounds than those relied upon by the district court.

I. Relevant Factual and Procedural Background

On January 9, 1964, Nascimento purchased the property at 239 Hubbard Street, Ludlow, Massachusetts (“Nasci-mento’s property”). Nascimento’s property had been part of a…

2Cases cited20 opinions

  1. Houlton Citizens' Coalition v. Town of HoultonCourt of Appeals for the First Circuit · 1999
  2. Open Software Foundation, Inc., and Hewlett Packard Company v. United States Fidelity and Guaranty Co.Court of Appeals for the First Circuit · 2002
  3. Sterilite Corp. v. Continental Casualty Co.Massachusetts Appeals Court · 1983
  4. Boston Symphony Orchestra, Inc. v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1989
  5. Herbert A. Sullivan, Inc. v. Utica Mutual InsuranceMassachusetts Supreme Judicial Court · 2003

15 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. National Union Fire Insurance v. West Lake AcademyCourt of Appeals for the First Circuit · 2008
  2. NAT'L UNION FIRE INS., PITTS., PA. v. W. Lake Acad.Court of Appeals for the First Circuit · 2008
  3. Financial Resources Network, Inc. v. Brown & Brown, Inc.District Court, D. Massachusetts · 2012
  4. Clarendon National Ins. Co. v. Philadelphia Indemnity Ins. CoCourt of Appeals for the First Circuit · 2020
  5. Ferguson v. General Star Indemnity Co.District Court, D. Massachusetts · 2008

16 more not listed; retrieve them via the Exa API.

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