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METROPOLITAN PROPERTY & CAS. INS. CO. v. McCARTHY

No. 13-1809.

754 F.3d 47 (2014)

METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Plaintiff, Appellant, v. Susan McCARTHY; Glynis Dixon McCormack, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 5, 2014.

Attorney(s) appearing for the Case

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

Michael J. Donlan , with whom Verrill Dana, LLP was on brief, for appellee Susan McCarthy.

Christopher C. Dinan and Monaghan Leahy, LLP on brief for appellee Glynis Dixon McCormack.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and LIPEZ, Circuit Judge.

LIPEZ, Circuit Judge.

In this declaratory judgment action, the district court ruled that Metropolitan Property and Casualty Insurance Company has a duty to defend its insured, Glynis Dixon McCormack, in a lawsuit alleging that McCormack's ward sexually and physically abused a younger boy. The court rejected Metropolitan's assertion that the governing policy excludes coverage for such abuse, concluding that the facts alleged in the underlying complaint leave open the...

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