Where (1) a plaintiff aircraft repair company, which held a commercial general liability policy with the defendant insurance agency, was sued, (2) the defendant disclaimed both coverage and any duty to defend and (3) a U.S. District Court then ruled for the defendant, that ruling must, so far as it rejected a duty to defend, be vacated because at least one scenario relating to a cracked window does fall within coverage and could plausibly avoid all the exclusions.
Oxford Aviation, Inc., et al. v. Global Aerospace, Inc. (Lawyers Weekly No. 01-135-12) (19 pages) (Boudin, J.) (1st Circuit) Appealed from the U.S. District Court for the District of Maine (Docket No. 11-2208) (May 18, 2012).