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LOOMIS v. ACE AMERICAN INS. CO.

Docket Nos. 22-863, 22-1037 August Term, 2023.

91 F.4th 565 (2024)

William LOOMIS, Plaintiff-Appellant-Cross-Appellee, v. ACE AMERICAN INSURANCE COMPANY, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Second Circuit.

Decided: January 23, 2024.

Attorney(s) appearing for the Case

Michael J. Longstreet ( Martha L. Berry , on the brief), Longstreet & Berry, LLP, Fayetteville, NY, for Plaintiff-Appellant-Cross-Appellee.

Kurt M. Mullen , Nixon Peabody LLP, Boston, MA ( Michael B. de Leeuw , Tamar S. Wise , Cozen O'Connor, New York, NY, on the brief), for Defendant-Appellee-Cross-Appellant.

Before: Bianco, Robinson, and Nathan, Circuit Judges.

Plaintiff William Loomis is a truck driver who was injured in a car accident in New York. He recovered some damages from the underinsured tortfeasor's insurer, and subsequently sought recovery from Defendant ACE American Insurance Company ("ACE"), his employer's insurance company, for his remaining damages.

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