RYAN v. ROYAL INS. CO. OF AMERICA

No. 90-1217.

916 F.2d 731 (1990)

Maury A. RYAN, et al., d/b/a Ryan, Klimek, Ryan Partnership, Plaintiffs, Appellants, v. ROYAL INSURANCE COMPANY OF AMERICA, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 27, 1990.


Attorney(s) appearing for the Case

Hugh N. Fryer, with whom Edward M. Joyce, John P. Gasior, Fryer, Ross & Gowen, New York City, Maury A. Ryan, and Willey & Ryan, Providence, R.I., were on brief, for plaintiffs, appellants.

Kenneth P. Borden, with whom Linda E. Buffardi and Higgins, Cavanagh and Cooney, Providence, R.I., were on brief, for defendant, appellee.

Wiley, Rein & Fielding, Thomas W. Brunner, Laura A. Foggan, Jo Anne B. Hennigan and Carol A. Laham, Washington, D.C., on brief, for Ins. Environmental Litigation Ass'n, amicus curiae.

Before CAMPBELL, Circuit Judge, COFFIN, Senior Circuit Judge, and SELYA, Circuit Judge.


SELYA, Circuit Judge.

Invoking diversity jurisdiction, 28 U.S.C. § 1332, appellants Maury A. Ryan, James H. Ryan and Stanley Klimek, trading as the Ryan, Klimek, Ryan Partnership (collectively, "Ryan"), brought suit in the United States District Court for the District of Rhode Island against appellee Royal Insurance Company of America ("Royal"). Appellants alleged inter alia that Royal had failed to defend and indemnify according to the tenor of a series...

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