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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