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BRISTOL WEST INS. CO. v. WAWANESA MUT. INS. CO.

No. 08-2269.

570 F.3d 461 (2009)

BRISTOL WEST INSURANCE COMPANY, Plaintiff, Appellee, v. WAWANESA MUTUAL INSURANCE COMPANY, Intervenor, Appellant, Melanie Landry; Rollin H. Small, Jr., Defendants.

United States Court of Appeals, First Circuit.

Decided July 1, 2009.

Attorney(s) appearing for the Case

Peter C. Felmly with whom Melissa A. Hewey and Drummond Woodsum & MacMahon were on brief, for appellant.

Hans H.J. Pijls with whom Plunkett Cooney, P.C., James D. Poliquin, Norman, Hanson & DeTroy, LLC were on brief, for appellee.

Before LYNCH, Chief Judge, FARRIS and HOWARD, Circuit Judges.

LYNCH, Chief Judge.

Melanie Landry, a resident of Maine, was involved in a car accident in New Brunswick, Canada, on November 28, 2003 in which Keith Savoie, a resident of New Brunswick, was injured. Landry was driving a vehicle owned by Rollin H. Small, Jr. when she hit Savoie's pickup truck, which was owned by Savoie's father, from the rear.

Landry was insured for the accident under a policy which was issued by Bristol West ("BW") for the six-month period...

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