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SALVATI v. AMERICAN INS. CO.

No. 16-1403.

855 F.3d 40 (2017)

Lucia SALVATI, individually, and as the assignee of Robert Easton, Ajax Investment Partners, LLC, Lovejoy Wharf, LLC, Beverly Wharf, LLC, North Washington Wharf, LLC, and AB Wharf, LLC, Plaintiff, Appellant, v. AMERICAN INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

April 26, 2017.

Attorney(s) appearing for the Case

Donald R. Grady, Jr. , with whom Frank J. Federico, Jr. , Susan E. Bochnak , and Sheff Law Offices, P.C., Boston, MA, were on brief, for appellant.

Gregory P. Varga , with whom Linda L. Morkan , Jonathan E. Small , and Robinson & Cole LLP, Hartford, CT, were on brief, for appellee.

Before Barron, Stahl, and Lipez, Circuit Judges.

In this insurance dispute, we must decide whether the plaintiff in a wrongful death action, who reached a settlement with the defendants and their primary insurance carrier, can recover the amount exceeding the primary policy limits from the defendants' excess insurer. The district court concluded that the settlement agreement...

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