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CAPITOL SPECIALTY INS. CORP. v. HIGGINS

Nos. 19-1496 19-1609.

953 F.3d 95 (2020)

CAPITOL SPECIALTY INSURANCE CORPORATION, Plaintiff, Appellee/Cross-Appellant, v. Kailee M. HIGGINS, individually and as assignee of PJD Entertainment of Worcester, Inc., d/b/a Centerfolds II, Defendant, Appellant/Cross-Appellee, PJD Entertainment of Worcester, Inc., d/b/a Centerfolds II, Defendant.

United States Court of Appeals, First Circuit.

March 11, 2020.

Attorney(s) appearing for the Case

Joan A. Lukey , with whom Justin J. Wolosz , Choate Hall & Stewart LLP, Boston, MA, Peter A. Palmer , John P. Donohue , and Fuller, Rosenberg, Palmer & Beliveau LLP, Worcester, MA, were on brief, for appellant/cross-appellee.

Kevin J. O'Connor , with whom Peter C. Netburn , Michael C. Kinton , and Hermes, Netburn, O'Connor & Spearing, P.C., Boston, MA, were on brief, for appellee/cross-appellant.

Before Lynch, Circuit Judge, Souter, Associate Justice, and Lipez, Circuit Judge.

The origins of this case are in a November 2010 serious car accident in which Kailee Higgins was grievously injured. She was only twenty years old, and the two-car collision was shortly after she left a nightclub called Centerfolds II while heavily intoxicated. She worked there as an exotic dancer and there was evidence she...

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