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BOSTON MUT. INS. v. NEW YORK ISLANDERS HOCKEY CLUB

No. 98-1456.

165 F.3d 93 (1999)

BOSTON MUTUAL INSURANCE COMPANY, Plaintiff, Appellee, v. NEW YORK ISLANDERS HOCKEY CLUB, L.P., Defendant, Appellant, v. Blumencranz, Klepper, Wilkins & Dubofsky, Ltd., d/b/a BWD Group, Ltd., Third-Party Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 19, 1999.

Attorney(s) appearing for the Case

Ted Poretz with whom Steven D. Guggenheim, Alyson M. Weiss, Wende S. Ascher, Richards & O'Neil, LLP, Charles M. Campo, Jr., and Kassler & Feuer, P.C. were on brief for New York Islanders Hockey Club, L.P.

Alan G. Miller with whom Thomas M. Elcock and Morrison, Mahoney & Miller were on brief for Boston Mutual Insurance Company.

Barbara A. Sheehan with whom Michael T. Walsh, Maura Bleichert Lee and Walsh & Sheehan, LLP were on brief for Blumencranz, Klepper, Wilkins & Dubofsky, Ltd.

Before BOUDIN, LYNCH and LIPEZ, Circuit Judges.

BOUDIN, Circuit Judge.

On or about November 14, 1994, the New York Islanders Hockey Club (the "Islanders") submitted an application to Boston Mutual Insurance Company ("Boston Mutual") and various Lloyd's of London underwriters to insure its star player, Brett Lindros, for temporary total disability as part of the National Hockey League's group insurance plan. The Islanders failed to disclose in the application that, before becoming a member of the team, Lindros had...

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