OPEN SOFTWARE FOUNDATION v. U.S. FIDELITY

No. 01-2342.

307 F.3d 11 (2002)

OPEN SOFTWARE FOUNDATION, INC., and Hewlett Packard Company Plaintiffs, Appellants, v. UNITED STATES FIDELITY AND GUARANTY CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided October 4, 2002.

Rehearing and Suggestion for Rehearing Denied November 13, 2002.


Attorney(s) appearing for the Case

Eric R. Little, with whom David A. Gauntlett, Gauntlett & Associates, Stephen G. Hennessy, and Corcoran, Fitzgerald & Hennessy, LLC were on brief, for appellants.

David M. Ostrander, with whom James S. Greenan, Greenan, Peffer, Sallander & Lally, LLP, John Graceffa, and Morrison, Mahoney & Miller were on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SCHWARZER, Senior District Judge.


Rehearing and Suggestion for Rehearing En Banc Denied November 13, 2002.

LIPEZ, Circuit Judge.

Plaintiffs Open Software Foundation (OSF) and Hewlett-Packard (HP) brought this diversity action against USF&G, their general commercial liability insurer, claiming that USF&G had a duty to defend a lawsuit filed against them by Addamax Corporation, a software manufacturer.1 After OSF decided not to bundle Addamax security software...

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