United States Court of Appeals For the First Circuit No. 04-2635 AMERICAN EMPLOYERS' INSURANCE COMPANY, Plaintiff, Appellant, v. SWISS REINSURANCE AMERICA CORPORATION, Defendant, Appellee.

The opinion of this court issued on June 27, 2005, is amended as follows: On the cover sheet, replace "[Hon. William G. Young, U.S. District Judge]" with "[Hon. Joseph L. Tauro, U.S. District Judge]".