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MEDICAL RECORDS ASSOC. v. AMERICAN EMPIRE SURPLUS LINES INS.

No. 97-2145.

142 F.3d 512 (1998)

MEDICAL RECORDS ASSOCIATES, INC., Plaintiff, Appellant, v. AMERICAN EMPIRE SURPLUS LINES INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided April 30, 1998.

Attorney(s) appearing for the Case

Thomas C. Regan for appellant.

James F. Kavanaugh, Jr. with whom James Gray Wagner was on brief for appellee.

Before LYNCH, Circuit Judge, COFFIN and BOWNES, Senior Circuit Judges.

COFFIN, Senior Circuit Judge.

This diversity case requires us to determine whether setting fees for copies of medical records is, under Massachusetts law, part of the "professional service" provided by a medical records processing company, thus putting it within the coverage of a professional errors and omissions insurance policy. The appellee, American Empire Surplus Lines Insurance Co. (American Empire), refused to defend and indemnify the appellant, Medical Records...

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