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COMMERCIAL UNION INS. CO. v. PESANTE

No. 05-2151.

459 F.3d 34 (2006)

COMMERCIAL UNION INSURANCE COMPANY, Petitioner, Appellant, v. Dean PESANTE, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided August 9, 2006.

Attorney(s) appearing for the Case

Robert J. Murphy, with whom Holbrook & Murphy was on brief, for petitioner-appellant.

Stephen T. Morrissey, was on brief, for respondent-appellee.

Before TORRUELLA and LYNCH, Circuit Judges, and YOUNG, District Judge.

TORRUELLA, Circuit Judge.

Appellant Commercial Union Insurance Company ("Commercial Union") brought a declaratory judgment action against appellee Dean Pesante ("Pesante") in the United States District Court for the District of Rhode Island, seeking a declaration that it was not liable under a marine insurance policy issued to Pesante for losses incurred by Pesante's vessel. During the ensuing litigation, Commercial Union filed a motion for summary judgment, which...

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