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BUCCI v. ESSEX INS. CO.

Nos. 04-1619, 04-1664.

393 F.3d 285 (2005)

Benjamin A. BUCCI, Individually and as Assignee of N.E.C.N., Inc. d/b/a The Industry, Plaintiff, Appellant/Cross-Appellee, v. ESSEX INSURANCE COMPANY, Defendant, Appellee/Cross-Appellant.

United States Court of Appeals, First Circuit.

Decided January 5, 2005.

Attorney(s) appearing for the Case

James D. Poliquin, with whom Thomas S. Marjerison, Lance E. Walker, and Norman, Hanson & DeTroy, LLC were on brief, for Benjamin A. Bucci.

Jonathan M. Dunitz, with whom Michelle Allott and Friedman, Gaythwaite, Wolf & Leavitt were on brief, for Essex Insurance Company.

Before SELYA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

LYNCH, Circuit Judge.

Benjamin Bucci was injured in an attack outside a Portland, Maine nightclub called The Industry. In state court, he sued the club and then settled with it, taking an assignment of the club's claims against its insurer, Essex Insurance Company ("Essex"). A stipulated judgment was entered against The Industry. Before settling with Bucci, the club had asked Essex to defend and to indemnify it; Essex declined both requests. Essex disclaimed coverage...

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