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MOUNT VERNON FIRE INS. CO. v. VISIONAID, INC.

No. 15-1351.

875 F.3d 716 (2017)

MOUNT VERNON FIRE INSURANCE COMPANY, Plaintiff, Appellee, v. VISIONAID, INC. f/k/a H.L. Boulton Co. Inc., Defendant, Appellant.

United States Court of Appeals, First Circuit.

November 15, 2017.

Attorney(s) appearing for the Case

Kenneth R. Berman , with whom Heather B. Repicky and Nutter, McClennen & Fish LLP, Boston, MA, were on brief, for appellant.

David Burgess , Wilchins Cosentino & Novins LLP, Edward J. Stein , Stamford, CT, Marshall Gilinsky , New York, NY, and Anderson Kill P.C. on brief for United Policy Holders, amicus curiae.

James J. Duane III , Boston, MA, with whom Scarlett M. Rajbanshi and Peabody & Arnold LLP, Boston, MA, were on brief, for appellee.

Michael F. Aylward and Morrison Mahoney LLP, Boston, MA, on brief for American International Group, Inc. and Massachusetts Insurance Federation Inc., amici curiae.

Before Thompson, Circuit Judge, Souter, Associate Justice, and Barron, Circuit Judge.

Prologue

This is a diversity-based declaratory-judgment action governed (all agree) by Massachusetts substantive law. See Erie R.R. Co. v. Tompkins, 304 U.S. 64, 78, 58 S.Ct. 817, 82 S.Ct. 1188 (1938). The case pits an insured, VisionAid...

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