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INSITUFORM TECHNOLOGIES v. AMERICAN HOME ASSUR.

Nos. 08-1602, 08-1603.

566 F.3d 274 (2009)

INSITUFORM TECHNOLOGIES, INC., Plaintiff, Appellee/Cross-Appellant, v. AMERICAN HOME ASSURANCE COMPANY, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided May 22, 2009.

Attorney(s) appearing for the Case

William T. Corbett with whom Mark D. Sheridan, Laura A. Brady, Jeffrey M. Beyer, Drinker Biddle & Reath LLP, Gregory P. Deschenes, Kurt M. Mullen and Nixon Peabody LLP were on brief for defendant, appellant/cross-appellee.

Charles L. Philbrick with whom Sarah E. Pace, Stanley A. Martin and Holland & Knight LLP were on brief for plaintiff, appellee, cross-appellant.

Before BOUDIN, JOHN R. GIBSON, and HOWARD, Circuit Judgees.

BOUDIN, Circuit Judge.

This appeal stems from a dispute between Insituform Technologies, Inc. ("Insituform"), a Missouri-based contractor, and American Home Assurance Company ("American Home"), an insurer that issued an "excess umbrella" policy to Insituform. The dispute centers on the reading of the policy in relation to an underlying primary coverage policy issued by another insurer. The background events are easily recounted.

Insituform entered into a subcontract...

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