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NAUTILUS INS. CO. v. JABAR

No. 98-2158.

188 F.3d 27 (1999)

NAUTILUS INSURANCE COMPANY, Plaintiff, Appellant, v. Michael G. JABAR, d/b/a Mike's Roofing Co., Defendant, Appellee. Lisa A. Varano and Stephen M. Varano, Appellees. Stern Company, Inc., Appellee.

United States Court of Appeals, First Circuit.

Decided August 30, 1999.

Rehearing and Suggestion for Rehearing Denied October 7, 1999.

Attorney(s) appearing for the Case

Kevin J. Beal, with whom Preti, Flaherty, Beliveau & Pachios, L.L.C. was on brief, for appellant.

Laura A. Foggan, Daniel E. Troy and Wiley, Rein & Fielding on brief for Insurance Environmental Litigation Association, amicus curiae.

Joseph M. Jabar, George M. Jabar II, and Daviau, Jabar & Batten on brief for appellee Michael Jabar d/b/a Mike's Roofing Co.

Michael J. Donlan, with whom Gene R. Libby and Verrill & Dana, LLP were on brief, for appellees Lisa A. Varano and Stephen M. Varano.

Before TORRUELLA, Chief Judge, NOONAN and LYNCH, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied October 7, 1999.

TORRUELLA, Chief Judge.

Plaintiff-appellant Nautilus Insurance Company ("Nautilus") appeals from the district court's entry of summary judgment in favor of its insured, defendant-appellee Michael G. Jabar, d/b/a Mike's Roofing Company ("Jabar"). In the underlying action, Nautilus sought a declaratory judgment from the district court that it was not obligated to defend and/or indemnify Jabar...

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