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ESSEX INS. CO. v. BLOOMSOUTH FLOORING CORP.

No. 06-2750.

562 F.3d 399 (2009)

ESSEX INSURANCE COMPANY, Plaintiff, Appellee, v. BLOOMSOUTH FLOORING CORPORATION, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided April 16, 2009.

Attorney(s) appearing for the Case

Steven L. Schreckinger, with whom Harvey Nosowitz, and Lynch, Brewer, Hoffman & Fink, LLP, were on brief for appellant.

Robert L. Ciociola, with whom Litchfield Cavo, LLP was on brief, for appellee.

Before LIPEZ, SELYA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This appeal involves a coverage dispute between Essex Insurance Company and its insured, BloomSouth Flooring Corporation. Essex brought a declaratory judgment action claiming that, pursuant to "business risk exclusions" in its policies, it had neither a duty to defend nor a duty to indemnify BloomSouth in connection with an underlying state court action against BloomSouth. The magistrate judge, presiding...

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