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FEDERAL INS. CO. v. COMMERCE INS. CO.

No. 09-1156.

597 F.3d 68 (2010)

FEDERAL INSURANCE COMPANY, as subrogee of Berkshire Health Systems, Inc., Plaintiff, Appellant, v. COMMERCE INSURANCE COMPANY, Estate of Lucia A. Roberts and Kitty Howard, as Trustee of the D. Evor Roberts and Lucia A. Roberts Revocable Trust, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 3, 2010.

Attorney(s) appearing for the Case

Mark J. Albano, with whom Dalsey, Ferrara & Albano, was on brief for appellant.

Eric S. Goldman, with whom Byrne & Drechsler, L.L.P., was on brief for appellees.

Before TORRUELLA, BOUDIN, and HOWARD, Circuit Judges.

TORRUELLA, Circuit Judge.

In this appeal, based on diversity jurisdiction, appellant Federal Insurance Company ("Federal"), the insurer of Berkshire Retirement Community, Inc. ("Berkshire Retirement"), challenges the district court's decision to grant summary judgment on its subrogation claim in favor of defendants Commerce Insurance Company ("Commerce") and the Estate of Lucia A. Roberts ("Roberts").

After Federal had reimbursed Berkshire Retirement for its...

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