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INSURANCE CO. OF PENNSYLVANIA v. GREAT NORTHERN INS. CO.

No. 14-1991.

787 F.3d 632 (2015)

INSURANCE COMPANY OF the STATE of PENNSYLVANIA, Plaintiff, Appellant, v. GREAT NORTHERN INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

May 29, 2015.

Attorney(s) appearing for the Case

Aaron S. Bayer , with whom Michael P. Thompson , David R. Roth , and Wiggin and Dana LLP were on brief, for appellant.

Jennifer C. Sheehan , with whom Richard J. Shea and Hamel, Marcin, Dunn, Reardon & Shea, P.C. were on brief, for appellee.

Before TORRUELLA, THOMPSON, and KAYATTA, Circuit Judges.

The parties ask us to decide a question of Massachusetts law on which Massachusetts' highest court has not spoken. The question arises when, as here, an insured buys two insurance policies that cover the same loss. In such a case, may the insured opt to have one insurer cover the entire loss or, instead, may either insurer...

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