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SEVIGNY v. EMPLOYERS INS. OF WAUSAU

No. 04-2411.

411 F.3d 24 (2005)

Roger A. SEVIGNY, Insurance Commissioner, Liquidator of the Home Insurance Company, Plaintiff, Appellee, v. EMPLOYERS INSURANCE OF WAUSAU, A Mutual Company, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 9, 2005.

Attorney(s) appearing for the Case

Natasha C. Lisman with whom Andrew R. Levin and Sugarman, Rogers, Barshak & Cohen, P.C. were on brief for appellant.

Peter C.L. Roth, Senior Assistant Attorney General, with whom Kelly A. Ayotte, Attorney General, was on brief for appellee.

Before BOUDIN, Chief Judge, CAMPBELL, Senior Circuit Judge, and GERTNER, District Judge.

BOUDIN, Chief Judge.

The case before us presents another variation on the question when, under the so-called abstention doctrines, a federal court should defer to state proceedings. The appellant is Employers Insurance of Wausau ("Wausau"); the appellee is Roger A. Sevigny, Insurance Commissioner of New Hampshire ("Commissioner"), acting as liquidator of The Home Insurance Company ("Home"), now insolvent. We begin with the background events and then describe the state...

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