Newmont Mines Limited and Esso Resources Canada Limited v. Hanover Insurance Company & Utica Mutual Insurance Company

My differences with my colleagues are highlighted by the second footnote in the majority opinion, which states that snow “generally will slide down” a thirty degree slope. One of the biggest problems con*139fronting Newmont when its concentrator was built in 1968 was how to get the snow off the concentrator roof. The answer, in the words of the project engineer in charge of the building construction, is undisputed:

There had to be some method of getting the snow off, and the method adopted was heat.

[H]eat is necessary or some other method is necessary to release snow from a 30 degree roof.

[T]he…