No. 23-1332.

92 F.4th 325 (2024)

Jonathan MARTINS, individually and on behalf of all others similarly situated, Plaintiff, Appellant, v. VERMONT MUTUAL INSURANCE COMPANY, Defendant, Appellee.

United States Court of Appeals, First Circuit.

February 6, 2024.

Attorney(s) appearing for the Case

Kevin J. McCullough , with whom Michael C. Forrest and Mazow/McCullough, P.C. were on brief, for appellant.

Michael S. Batson , with whom Michael C. Kinton and Clyde & Co US LLP were on brief, for appellee.

Before Kayatta, Selya, and Howard, Circuit Judges.

Scripture teaches that "there is no new thing under the sun." Ecclesiastes 1:9. Yet — in an industry as old as time itself1 — new twists still occur. This is such a case.

Plaintiff-appellant Jonathan Martins (Martins) attempts to prosecute a new strain of claim against a liability...

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