PACIFIC INS. CO. LTD. v. EATON VANCE MANAGEMENT

No. CIV.A. 00-11128-JLT.

260 F.Supp.2d 236 (2002)

PACIFIC INSURANCE COMPANY LIMITED, Plaintiff, v. EATON VANCE MANAGEMENT, Defendant.

United States District Court, D. Massachusetts.

August 14, 2002.


Attorney(s) appearing for the Case

Harvey Weiner, Peabody & Arnold LLP, Boston, MA, for Pacific Ins. Co., Ltd., Plaintiff.

Jeffrey B. Maletta, Kirkpatrick & Lockhart, Washington, DC, D. Lloyd Macdonald, Kirkpatrick & Lockhart, Boston, MA, for Eaton Vance Management, Defendant.


MEMORANDUM

TAURO, District Judge.

INTRODUCTION

The Plaintiff, Pacific Insurance Company, Limited ("Pacific") filed this action for declaratory relief requesting a determination that Pacific's Mutual Fund Errors and Omissions Policy ("Policy") does not cover a coverage claim made by the Defendant, Eaton Vance Management ("Eaton Vance"), arising from its failure to fund a particular profit sharing plan ("Plan"). That plan involved accounts...

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