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WRIGHT-RYAN CONST., INC. v. AIG INS. CO. OF CANADA

No. 10-1096.

647 F.3d 411 (2011)

WRIGHT-RYAN CONSTRUCTION, INC. and Acadia Insurance Company, Plaintiffs, Appellants, v. AIG INSURANCE COMPANY OF CANADA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 27, 2011.

Attorney(s) appearing for the Case

John S. Whitman , with whom Richardson, Whitman, Large & Badger was on brief, for appellants.

Jeffrey T. Edwards , with whom Preti, Flaherty, Beliveau & Pachios, LLP was on brief, for appellee.

Before TORRUELLA, RIPPLE, and LIPEZ, Circuit Judges.

LIPEZ, Circuit Judge.

This appeal requires us to determine which of two commercial general liability (CGL) insurance policies should be considered "primary" for coverage of a claim arising from an accident at a construction site in Portland, Maine. At the time of the subject claim, Wright-Ryan Construction, Inc. (Wright-Ryan) was insured under its own CGL insurance policy, issued by Acadia Insurance Company (Acadia), and appeared as an "Additional Insured" on a subcontractor...

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