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CLARK SCHOOL FOR CREATIVE LEARNING v. INDEM. INS.

No. 13-1171.

734 F.3d 51 (2013)

The CLARK SCHOOL FOR CREATIVE LEARNING, INC., Plaintiff, Appellant, v. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

October 23, 2013.

Attorney(s) appearing for the Case

Margaret H. Paget , with whom Sherin and Lodgen LLP was on brief, for appellant.

Richard L. Burpee , with whom Edwin F. Landers, Jr. and Morrison Mahoney LLP were on brief, for appellee.

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

LYNCH, Chief Judge.

In 2009, the Clark School for Creative Learning, Inc. and its director, Jeffrey Clark, were sued in state court by two of the School's donors. The donors sought return of a $500,000 gift on their claim that the gift had been induced by misrepresentations. The case settled and the School returned some part of the gift. The School then filed suit in federal court, seeking defense costs and indemnity under a directors and officers ("D & O") liability...

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