CIGNA FIRE UNDERWRITERS v. MacDONALD & JOHNSON

Nos. 95-1061, 95-1145, 95-1570 and 95-1648.

86 F.3d 1260 (1996)

CIGNA FIRE UNDERWRITERS COMPANY, et al., Plaintiffs, Appellees, Cross-Appellants, v. MacDONALD & JOHNSON, INC., Defendant, Appellant, Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided June 28, 1996.


Attorney(s) appearing for the Case

John B. Stewart, with whom Edward V. Leja and Moriarty, Donoghue & Leja, P.C., Springfield, MA, were on brief, for CIGNA Fire Insurance, et al.

F. Michael Joseph, with whom Joseph, St. Clair & Cava, Springfield, MA, was on brief, for MacDonald & Johnson, Inc.

Before SELYA, Circuit Judge, BOWNES, Senior Circuit Judge, and BOUDIN, Circuit Judge.


BOWNES, Senior Circuit Judge.

Before us are appeals by both parties after two jury trials. CIGNA Fire Insurance Company ("CIGNA") is a large insurance conglomerate. MacDonald & Johnson, Inc., ("M & J") is an independent insurance agent that sold, inter alia, CIGNA insurance. CIGNA sued M & J for breach of contract alleging failure to remit insurance premiums due it by M & J. M & J brought a counterclaim against CIGNA alleging: breach of...

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