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ROXBURY CONDOMINIUM v. ANTHONY S. CUPO AGENCY

No. 01-4274.

316 F.3d 224 (2003)

ROXBURY CONDOMINIUM ASSOCIATION, INC. v. ANTHONY S. CUPO AGENCY; Stephen Subick, Third-party Plaintiffs/Defendants v. Selective Insurance Company Third-party Defendant Selective Insurance Company, Appellant.

United States Court of Appeals, Third Circuit.

January 8, 2003.

Attorney(s) appearing for the Case

Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Gerald J. Nielsen, (Argued), Nielsen Law Firm, LLC, Metairie, for Appellant.

Michael S. Karpoff, (Argued), Hill Wallack, Princeton, NJ, for Appellee.

Before BARRY, AMBRO and COWEN, Circuit Judges.

OPINION OF THE COURT

AMBRO, Circuit Judge.

Appellant Selective Insurance Company ("Selective") appeals an order requiring it to reimburse $13,135.50 in attorneys' fees of Appellee Roxbury Condominium Association, Inc. ("Roxbury"). Under the circumstances of this case, that award was an abuse of discretion.

I. Background

In 1997, Roxbury approached the Anthony S. Cupo Agency ("Agency") to obtain condominium flood insurance. The Agency, acting...

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