DiMERCURIO v. SPHERE DRAKE INS., PLC

No. 99-1470.

202 F.3d 71 (2000)

Francesco DiMERCURIO, Plaintiff, Appellant, v. SPHERE DRAKE INSURANCE, PLC, No 1 a/c, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 31, 2000.


Attorney(s) appearing for the Case

Joseph M. Orlando with whom Vita A. Palazzolo was on brief for appellant.

Richard H. Pettingell for appellee.

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


COFFIN, Senior Circuit Judge.

This case requires us to evaluate the validity of an arbitration provision contained in an insurance policy issued by London-based appellee Sphere Drake Insurance PLC for coverage on a Massachusetts fishing boat. Appellant Francesco DiMercurio, a fisherman who was injured when the boat sank, claims that the arbitration clause is unenforceable for various reasons, among them that Massachusetts law voids provisions in insurance policies...

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