KEN'S FOODS, INC. v. STEADFAST INS. CO.

No. 21-1649.

36 F.4th 37 (2022)

KEN'S FOODS, INC., Plaintiff, Appellant, v. STEADFAST INSURANCE CO., Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 7, 2022.


Attorney(s) appearing for the Case

Lawrence G. Green , with whom Gregory S. Paonessa and Burns & Levinson LLP were on brief, for appellant.

Jeffrey E. Dolan , with whom Mark W. Shaughnessy and Boyle Shaughnessy Law PC were on brief, for appellee.

Before Kayatta, Lipez, and Howard, Circuit Judges.


This case raises a significant question of state law: Whether Massachusetts recognizes a common-law duty for insurers to cover costs incurred by an insured party to prevent imminent covered loss. Because the answer to this question may be determinative of this case and because there does not appear to be controlling precedent...

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