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NEW HAMPSHIRE INS. CO. v. DAGNONE

No. 06-1048.

475 F.3d 35 (2007)

NEW HAMPSHIRE INSURANCE COMPANY, Plaintiff, Appellee, v. Nicholas DAGNONE, Defendant-Counterclaimant, Appellant. v. Hinckley Yacht Services, The Talaria Company LLC, Third-Party Defendant.

United States Court of Appeals, First Circuit.

Decided February 2, 2007.

Attorney(s) appearing for the Case

John D. Deacon, Jr., for appellant.

James E. Mercante, with whom Rubin, Fiorella & Friedman, LLP, was on brief, for appellee.

Before TORRUELLA, Circuit Judge, CYR, Senior Circuit Judge, and HOWARD, Circuit Judge.

TORRUELLA, Circuit Judge.

Nicholas Dagnone ("Dagnone") renewed his marine insurance policy (the "policy") from New Hampshire Insurance Company ("NHIC") on July 31, 2003. On December 6, 2003, Dagnone's boat was damaged during a storm, and Dagnone filed a claim with NHIC. NHIC denied the claim, and filed the present action seeking a declaratory judgment that the policy does not cover Dagnone's claim. The district court granted summary judgment in favor of NHIC. After...

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