Legal Opinion
EnergyNorth Natural Gas, Inc. v. Certain Underwriters
Supreme Court of New Hampshire
Decided October 18, 2007No. 2006-745PublishedCited by 24 opinions
1Opinion of the CourtDuggan, J.
The United States District Court for the District of New Hampshire (Barbadoro, J.) certified the following questions of law, see Sup. Ct. R. 34:
1. When an insurance policy is triggered by the continuous migration of toxic waste that began before coverage commenced and continued after coverage ended, and the evidence will not permit a determination as to when specific property damage occurred, is the insurer jointly and severally liable for all of the resulting property damage up to the limits of the policy?
2. If the answer to question 1 is no, how should the insurer’s share of any liability…
2Cases cited16 opinions
- American Physicians Insurance Exchange v. GarciaTexas Supreme Court · 1994
- Owens-Illinois, Inc. v. United InsuranceSupreme Court of New Jersey · 1994
- American National Fire Insurance Co. v. B & L Trucking and Construction Co.Washington Supreme Court · 1998
- Northern States Power Co. v. Fidelity & Casualty Co. of New YorkSupreme Court of Minnesota · 1994
- Public Service Co. of Colorado v. Wallis & CompaniesSupreme Court of Colorado · 1999
11 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- State of Cal. v. Continental InsuranceCalifornia Supreme Court · 2012
- The Matter of Viking Pump Inc. and Warren Pumps LLCNew York Court of Appeals · 2016
- Boston Gas Co. v. Century Indemnity Co.Massachusetts Supreme Judicial Court · 2009
- Boston Gas Company v. Century IndemnityCourt of Appeals for the First Circuit · 2008
- Lennar Corp. v. Markel American Insurance Co.Texas Supreme Court · 2013
19 more not listed; retrieve them via the Exa API.