LÓPEZ & MEDINA CORP. v. MARSH USA, INC.

No. 10-1702.

667 F.3d 58 (2012)

LÓPEZ & MEDINA CORP., d/b/a Emmanuel Travel & Tours, Plaintiff, Appellant, v. MARSH USA, INC., as agent for certain subscribing and/or participating insurance underwriters for Policies No. AW823101, S1HL-200A, HL3391396-02, PXLA37000032-01, MMO2326AV501 and AAV01.440 issued to Patriot Air LLC, d/b/a Marsh Aviation; Piedmont Aviation Services, Inc., d/b/a Pace Airlines, Defendants, United States Aviation Underwriters, Inc., as Managers of United States Aircraft Insurance Group & Other Underwriters and Co-Insurers, Certain Underwriters at the Institute of London, Certain Underwriters at Lloyd's, AIG Aviation, Inc., Brockbank Underwriting Syndicate (U.K.), Mutual Marine Office, AXA Equity and Law (U.K.), and XYZ Insurance Company, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided January 26, 2012.


Attorney(s) appearing for the Case

Fernando D. Castro-Maldonado , with whom Fernando D. Castro Law Offices, was on brief for appellant.

Christopher A. Duggan , with whom Smith & Duggan LLP, H. Reed Witherby , Diego A. Ramos , and Fiddler González & Rodríguez, PSC, were on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA and STAHL, Circuit Judges.


TORRUELLA, Circuit Judge.

Plaintiff-appellant López & Medina Corp. ("L & M") appeals the district court's order denying its cross-motion for summary judgment. The cross-motion was denied on the grounds that the insurance policy pursuant to which L & M sought coverage, issued by defendant-appellee United States Aviation Underwriters, Inc. ("USAUI"),1 did not cover L & M's losses arising from an alleged breach of contract...

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