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CONTINENTAL CAS. v. CANADIAN UNIVERSAL INS.

Nos. 90-1406, 90-1491.

924 F.2d 370 (1991)

CONTINENTAL CASUALTY CO., Plaintiff, Appellee, v. CANADIAN UNIVERSAL INSURANCE CO., Defendant, Appellee. Appeal of the UNIVERSITY OF MASSACHUSETTS, Defendant. CONTINENTAL CASUALTY CO., Plaintiff, Appellee, v. CANADIAN UNIVERSAL INSURANCE CO., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided January 25, 1991.

Attorney(s) appearing for the Case

Terence P. O'Malley with whom William E. Searson, Boston, Mass., was on brief, for University of Massachusetts.

Edward L. Kirby, Jr. with whom John D. Lychak, David J. Gorman and Hennessy, Killgoar & Ronan, Boston, Mass., were on brief, for Canadian Universal Ins. Co.

Patricia A. Gotschalk with whom John W. Scott, Drinker, Biddle & Reath, Washington, D.C., Terrance Hamilton and Casner & Edwards, Boston, Mass., were on brief, for Continental Cas. Co.

Before TORRUELLA, Circuit Judge, BOWNES, Senior Circuit Judge, and WOODLOCK, District Judge.

BOWNES, Senior Circuit Judge.

This is an appeal from a summary judgment order of the district court in a declaratory judgment action brought by plaintiff-appellee Continental Casualty Company ("CNA") against appellants Canadian Universal Insurance Company ("CUI") and the University of Massachusetts ("UMass", "the University"), which was insured by both companies. CNA sought a declaration that CUI was obligated to indemnify UMass for amounts paid to satisfy a judgment...

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