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STOP & SHOP COMPANIES, INC. v. FEDERAL INS. CO.

Nos. 97-1678, 97-1784.

136 F.3d 71 (1998)

The STOP & SHOP COMPANIES, INC., Plaintiff, Appellee, v. FEDERAL INSURANCE COMPANY, Defendant, Appellant. The STOP & SHOP COMPANIES, INC., Plaintiff, Appellant, v. FEDERAL INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 12, 1998.

Attorney(s) appearing for the Case

Leonard F. Clarkin with whom Harry C. Beach, Wellesley, MA, was on brief, for Federal Insurance Company.

Joseph L. Kociubes with whom Victor H. Polk, Jr., and Denise Jefferson Casper, Boston, MA, were on brief, for The Stop & Shop Companies, Inc.

Michael Roster, Michael H. Hudnall, Stanford, CA, Robert A. Lewis, and William Carpenter on brief for Stanford University Hospital, amicus curiae.

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

COFFIN, Senior Circuit Judge.

This is an insurance coverage dispute involving a crime insurance policy issued by Federal Insurance Company ("Federal") to Stop & Shop Companies, Inc. ("Stop & Shop"). Federal appeals the district court's finding that it must indemnify Stop & Shop for loss arising out of theft by officers of Hamilton Taft & Company ("Hamilton Taft"), a company employed by Stop & Shop to process and pay taxes. Federal also challenges...

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