MOTORISTS COMMERCIAL MUTUAL INS. CO. v. HARTWELL

No. 21-1603, No. 21-1636.

53 F.4th 730 (2022)

MOTORISTS COMMERCIAL MUTUAL INSURANCE COMPANY, Plaintiff, Appellee, v. Roger HARTWELL; Lynnway Auto Auction, Inc., Defendants, Appellants, Safety Insurance Company; Ruben D. Espaillat, as Personal Representative of the Estate of Ruben Dario Espaillat; Tammy L. Berio, as Personal Representative of the Estate of Elliott Rowlands, Jr.; Giovanni Santiago; Kenneth Vincent; Maureen Vincent; Steven Sarkis; Sandra Ortiz, as Personal Representative of the Estate of Leezandra Aponte; Bresmil Robles; Fanny Ramirez; Mark Lee; Shirley Meza Lopez, as Personal Representative of the Estate of Brenda Lopez; Emelly Colon-Santos; Edris M. Santos, as Personal Representative of the Estate of Pantaleon Santos; Flavio Januario, Defendants. Motorists Commercial Mutual Insurance Company, Plaintiff, Appellee, v. Ruben D. Espaillat, as Personal Representative of the Estate of Ruben Dario Espaillat; Tammy L. Berio, as Personal Representative of the Estate of Elliott Rowlands, Jr.; Giovanni Santiago; Kenneth Vincent; Maureen Vincent; Steven Sarkis; Sandra Ortiz, as Personal Representative of the Estate of Leezandra Aponte; Flavio Januario, Defendants, Appellants, Roger Hartwell; Lynnway Auto Auction, Inc.; Safety Insurance Company; Bresmil Robles; Fanny Ramirez; Shirley Meza Lopez, as Personal Representative of the Estate of Brenda Lopez; Emelly Colon-Santos; Edris M. Santos, as Personal Representative of the Estate of Pantaleon Santos; Mark Lee, Defendants.

United States Court of Appeals, First Circuit.

November 23, 2022.


Attorney(s) appearing for the Case

Louis J. Muggeo, with whom Jared J. Muggeo and Muggeo & Associates were on brief, for appellants Roger Hartwell and Lynnway Auto Auction, Inc.

J. Michael Conley, with whom Kenney & Conley, P.C. was on brief, for appellants Ruben D. Espaillat, Tammy L. Berio, Giovanni Santiago, Kenneth Vincent, Maureen Vincent, Steven Sarkis, Sandra Ortiz, and Flavio Januario.

Patrick F. Hofer, with whom Jared K. Clapper, Clyde & Co US LLP, Ben N. Dunlap, and Freeman Mathis & Gary, LLP were on brief, for appellee.

Before Kayatta, Thompson, and Gelpí, Circuit Judges.


This insurance-coverage dispute arises from an auction at which a motor vehicle being displayed for bidding suddenly accelerated into a group of attendees, killing five and injuring many others. Motorists Commercial Mutual Insurance Company ("Motorists"), which insured the dealership that owned the vehicle, brought this action...

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