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McGAIR v. AMERICAN BANKERS INS. CO. OF FLORIDA

No. 11-2179.

693 F.3d 94 (2012)

Mary Jane McGAIR; Joseph McGair, Plaintiffs, Appellants, v. AMERICAN BANKERS INSURANCE COMPANY OF FLORIDA, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided September 4, 2012.

Attorney(s) appearing for the Case

Lewis J. Paras , with whom Joseph A. Kelly , Petrarca and McGair, Inc., and Baluch, Gianfrancesco & Mathieu were on brief, for appellants.

Gerald Joseph Nielsen , with whom Joseph J. Aguda, Jr. , Nielsen Law Firm, L.L.C., David W. Zizik , and Zizik, Powers, O'Connell, Spaulding & Lamontagne, PC were on brief, for appellee.

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

LIPEZ, Circuit Judge.

This appeal arises from a dispute over the scope of a flood insurance policy. In July 2006, appellants, Mary Jane and Joseph McGair, purchased a flood insurance policy from appellee, American Bankers Insurance Company of Florida ("American Bankers"). Their policy was issued pursuant to a federal program under which private insurers issue and administer standardized flood insurance policies, and all claims are paid by the government. After a 2010...

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