The First Circuit panel was ready for action today in Legal Seafoods v. Strathmore Ins. Co. The judges had hypotheticals at the ready. They asked probing questions about the relationship between Legal Seafoods and Verveine Corp. v. Strathmore Insurance Co. (the case that the Massachusetts SJC just took on a sua sponte transfer from the Massachusetts Appeals Court). They asked detailed questions about precedent. And they pressed counsel with detailed questions about the allegations in the complaint.
Needless to say, the argument went well over the assigned time. While the judges appeared ready to grapple with the issues themselves, some of Judge Barron’s questioning suggested that the panel may consider certifying a question to the SJC. If so, the First Circuit would be the first federal appellate court to take this step in the Covid coverage litigation.
