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FRATUS v. REPUBLIC WESTERN INS. CO.

Nos. 97-1876, 97-1955.

147 F.3d 25 (1998)

Joseph J. FRATUS, et al., Plaintiffs, Appellees, v. REPUBLIC WESTERN INSURANCE COMPANY, Defendant, Appellant. Joseph J. FRATUS, et al., Plaintiffs, Appellants, v. REPUBLIC WESTERN INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 23, 1998.

Attorney(s) appearing for the Case

Robert A. Sherman, with whom Joseph E. Boyland, Peter F. Carr II, Ross A. Keene and Eckert Seamans Cherin & Mellott, LLC were on brief, for appellant Republic Western Insurance Company.

Fred T. Polacek, with whom Rodio & Ursillo, Ltd. was on brief, for appellees Joseph J. Fratus, et al.

Before TORRUELLA, Chief Judge, ALDRICH, Senior Circuit Judge, and BOUDIN, Circuit Judge.

TORRUELLA, Chief Judge.

In a personal injury suit stemming from a tragic accident involving Joseph Fratus, a jury previously awarded him, his wife, Stephanie Fratus, and his daughter, Carissa Fratus (collectively, "Fratus family" or "plaintiffs") over three million dollars. Republic Western Insurance Company ("Republic") — defendant in the current action — defended that suit and was liable for at least $25,000 of that judgment under a policy which indisputably...

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