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AMERICAN GUARANTEE & LIABILITY v. TIMOTHY S. KEITER, P.A.

No. 03-2060.

360 F.3d 13 (2004)

AMERICAN GUARANTEE & LIABILITY INSURANCE COMPANY, Plaintiff, Appellant, v. TIMOTHY S. KEITER, P.A.; K.W. Enterprises, Inc., f/k/a Rent-A-Husband, Inc.; Kaile R. Warren, Jr.; Timothy S. Keiter, Defendants, Appellees, Erika L. Kennedy, f/k/a Erika Kennedy Frank, Defendant.

United States Court of Appeals, First Circuit.

Decided February 26, 2004.

Attorney(s) appearing for the Case

Scott F. Bertschi, with whom Matthew T. Covell and Arnall Golden Gregory LLP were on brief, for appellant.

Roy T. Pierce, with whom Jonathan S. Piper and Preti, Flaherty, Beliveau, Pachios & Haley, LLC were on brief, for appellees.

Before BOUDIN, Chief Judge, LOURIE, Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

A legal malpractice insurer sought a declaratory judgment in federal district court that, pursuant to a "business enterprise" exclusion in a lawyer's professional liability insurance policy, it has neither a duty to defend nor a duty to indemnify the insured lawyer, Timothy Keiter, in an underlying state court suit alleging legal malpractice and breach of fiduciary duty. The district court denied the insurer's summary judgment motion. It found...

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