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TRAVELERS INDEM. CO. v. DINGWELL

Nos. 88-1953 to 88-1958.

884 F.2d 629 (1989)

The TRAVELERS INDEMNITY COMPANY, et al., Plaintiffs, Appellees, v. Richard A. DINGWELL, d/b/a McKin Company, et al., Defendants, Appellees (Two Cases). Appeal of CHICAGO INSURANCE COMPANY, Defendant. The TRAVELERS INDEMNITY COMPANY, et al., Plaintiffs, Appellants, v. Richard A. DINGWELL, d/b/a McKin Company, et al., Defendants, Appellees. Appeal of AMERICAN POLICYHOLDERS INSURANCE COMPANY, Defendant. AMOCO OIL COMPANY, et al., Plaintiffs, Appellees, v. Richard A. DINGWELL, d/b/a McKin Company, Defendant, Appellee (Three Cases). Appeal of CHICAGO INSURANCE COMPANY, Intervenor. Appeal of The TRAVELERS INDEMNITY COMPANY, et al., Intervenors. Appeal of AMERICAN POLICYHOLDERS INSURANCE COMPANY, Intervenor.

United States Court of Appeals, First Circuit.

Decided September 7, 1989.

Attorney(s) appearing for the Case

Conrad K. Harper with whom Marc A. Chatman, Geraldine Mack, Simpson Thacher & Bartlett, New York City, John J. O'Leary, Jr., Catherine R. Connors, Benjamin W. Lund and Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Portland, Me., were on brief, for The Travelers Indem. Co., et al.

Rosanna Sattler with whom Richard M. Rosenthal, Posternak, Blankstein & Lund, Boston, Mass., Peter S. Plumb and Murray, Plumb & Murray, Portland, Me., were on brief, for appellant Chicago Ins. Co.

James D. Poliquin, Portland, Me., Louis G. Adolfsen, Darrel M. Seife, Ann Marie Forte, Siff, Rosen & Parker, P.C., New York City, and Norman, Hanson & DeTroy, Portland, Me., on brief, for appellant American Policyholders Ins. Co.

William P. Skinner with whom William F. Greaney and Covington & Burling, Washington, D.C., were on brief, for appellees Amoco Oil Co., et al.

Before BOWNES, Circuit Judge, COFFIN, Senior Circuit Judge, and TORRUELLA, Circuit Judge.

TORRUELLA, Circuit Judge.

This is a consolidated appeal from two separate decisions by the district court. The underlying dispute involves four groups of litigants. From 1963 to 1977, Richard Dingwell, doing business as The McKin Company ("Dingwell"), operated a plant to clean petroleum and chemical storage tanks in the town of Gray, Maine. He took out general liability insurance policies with primary insurers and excess insurers. His primary insurers were Travelers...

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