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AMERICAN HOME ASSUR. v. LIBBEY-OWENS-FORD CO.

Nos. 85-1373, 85-1411.

786 F.2d 22 (1986)

AMERICAN HOME ASSURANCE CO., Plaintiff, Appellee, v. LIBBEY-OWENS-FORD CO., Defendant, Appellant. AMERICAN HOME ASSURANCE CO., Plaintiff, Appellant, v. LIBBEY-OWENS-FORD CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 18, 1986.

As Modified on Denial of Rehearing June 16, 1986.

Attorney(s) appearing for the Case

Erik Lund, with whom David J. Hatem, Posternak, Blankstein & Lund, James E. Grumbach, and Morrison, Mahoney & Miller, Boston, Mass., were on brief for American Home Assur. Co.

Michael A. Nims, Jones, Day, Reavis & Pogue, Cleveland, Ohio, with whom James M. Oathout, Sibley P. Reppert, and Herrick & Smith, Boston, Mass., were on brief for Libbey-Owens-Ford Co.

Before COFFIN and BOWNES, Circuit Judges, and WYZANSKI, Senior District Judge.

COFFIN, Circuit Judge.

This case turns on the interpretation of the provisions of a comprehensive general liability policy. The Libbey-Owens-Ford Company (LOF) appeals from a summary judgment of the district court finding that the American Home Assurance Company, issuer of LOF's excess liability insurance, is not liable for any of LOF's liability damages. For the reasons set forth below, we reverse and remand for trial.

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