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FEDERAL INS. CO. v. HPSC, INC.

No. 06-1050.

480 F.3d 26 (2007)

FEDERAL INSURANCE CO., Plaintiff, Appellant, v. HPSC, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided March 15, 2007.

Attorney(s) appearing for the Case

Bradford R. Carver, with whom CharCretia, V. DiBartolo, Stephen R. Swofford and Hinshaw & Culbertson LLP were on brief, for appellant.

Jillian B. Hirsch, with whom William Shields and Day, Berry & Howard LLP were on brief, for appellee.

Before TORRUELLA and LIPEZ, Circuit Judges, and SMITH, District Judge.

TORRUELLA, Circuit Judge.

This case arises from a failed attempt by defendant-appellee HPSC, Inc. ("HPSC") to recover an embezzlement loss under an executive protection insurance policy issued by plaintiff-appellant Federal Insurance Co. ("Federal"). Federal brought this declaratory judgment action against HPSC seeking rescission of the policy based on a misrepresentation made by HPSC in its 2001 insurance renewal application. HPSC counterclaimed, seeking recovery...

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