METROPOLITAN PROPERTY & CAS. INS. v. SHAN TRAC

No. 02-1543.

324 F.3d 20 (2003)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, Appellee, v. SHAN TRAC, INC, d/b/a Thrifty Car Rental; Daimler Chrysler Corporation; Yury Shkolnikov, Marat R. Romanovski, Individually and as the surviving spouse of Leya M. Romanovksi; Elena Brobritsky; Svetlana Romanovski; Veronica Romanovski, a minor through her father and next friend, Marat P. Romanovski; Svetlana Shkolnikov, Defendants. and Anna N. Kutikova, a/k/a Anna Yankovskaya, Individually and as the surviving spouse of Marat Kutikova; Michael Elkin, Individually and as the surviving spouse of Seyna Elkin; Elena Levinson, Administratrix of the estate of Seyna Elkin; Mikhail Pevtsov, Individually and as successor of his parents, Zyama Pevtsov and Tsilya Pevtsov; Alex Pevtsov, Individually and as successor of his parents Zyama Pevtsov and Tsilya Pevtsov; Sergey Rabovsky, Individually and as the surviving spouse of Alla Robovsky; Luba Levin, as administrator of the estate of Vitaly Rabinovich and Mariya Vilner; Michael Rabinovich, as administrator of the Estate of Vitaly Rabinovich and Mariya Vilner, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided March 31, 2003.


Attorney(s) appearing for the Case

Marc S. Alpert with whom Marc S. Alpert P.C. was on brief for defendants, appellants.

John P. Graceffa with whom Richard W. Jensen, William A. Schneider and Morrison, Mahoney & Miller, LLP were on brief for appellee.

Before BOUDIN, Chief Judge, FARRIS, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


BOUDIN, Chief Judge.

On March 8, 2000, a large rental van driven by Yury Shkolnikov crashed into a median barrier in Clark County, Nevada. Eight of the van's thirteen passengers were killed, and the other five, including Shkolnikov and his wife, were seriously injured. Shkolnikov had a Massachusetts automobile insurance policy issued by Metropolitan Property and Casualty Company ("Metropolitan") that provided a maximum of $300,000 of coverage per accident. Faced with...

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