COAKLEY v. MAINE BONDING & CAS. CO.

No. 90-401.

136 N.H. 402 (1992)

RONALD C. COAKLEY AND COAKLEY LANDFILL, INC. v. MAINE BONDING AND CASUALTY COMPANY AND ST. PAUL FIRE AND MARINE INSURANCE COMPANY

Supreme Court of New Hampshire.

November 25, 1992.


Attorney(s) appearing for the Case

Hamblett & Kerrigan, P.A., of Nashua (Timothy G. Kerrigan on the brief), and Goodwin, Proctor & Hoar, of Boston (James J. Dillon & a. on the brief, and Nancer Ballard orally), for the plaintiffs.

Wiggin & Nourie, of Manchester (Edward L. Cross, Jr. on the brief), and Wiley, Rein & Fielding, of Washington, D.C. (Thomas W. Brunner & a. on the brief, and Laura A. Foggan orally), for the defendant Maine Bonding and Casualty Company.

Morrison, Mahoney & Miller, of Boston (Michael F. Aylward on the brief and orally), for the defendant St. Paul Fire and Marine Insurance Company.

Ouellette, Hallisey, Dibble & Tanguay, P.A., of Dover (Stephen H. Roberts on the brief), by brief for Aetna Casualty & Surety Company, as amicus curiae.

Merrill & Broderick, of Manchester (Richard C. Nelson on the brief), and Drinker Biddle & Reath, of Philadelphia (James M. Sweet and Paul McDonald on the brief), by brief for American Motorists Insurance Company, as amicus curiae.

Hibbard & Spinella, P.A., of Concord (Frank P. Spinella, Jr. on the brief), and Covington & Burling, of Washington, D.C. (William H. Allen & a. on the brief), by brief for Business and Industry Association of New Hampshire & a., as amicus curiae.

Finis E. Williams, III, of Concord, by brief for Hitchiner Manufacturing Company, Inc., as amicus curiae.

McLane, Graf, Raulerson & Middleton, of Manchester (Thomas J. Donovan on the brief), and Warner & Stackpole, of Boston (Ralph T. Lepore, III & a. on the brief), by brief for Insurance Environmental Litigation Association, as amicus curiae, jointly with Green, McMahon & Heed, of Keene (Douglas F. Green on the brief), and Gaston & Snow, of Boston (James P. Whitters, III on the brief), by brief for Peerless Insurance Company, as amicus curiae.

Orr and Reno Prof. Assoc., of Concord (R. James Steiner on the brief), and Nutter, McClennen & Fish, of Boston (Stephen J. Brake on the brief), by brief for K.J. Quinn & Co., Inc., as amicus curiae.

Sheehan, Phinney, Bass & Green P.A., of Portsmouth (Michael C. Harvell & a. on the brief), by brief for New Hampshire Ball Bearings, Inc., as amicus curiae.

Sanders and McDermott, of Hampton (Mark E. Beliveau and Lawrence M. Edelman on the brief), H. Bernard Waugh, Jr., of Concord, and Anderson Kill Olick & Oshinsky, of Washington, D.C. (Jerold Oshinsky and Geri L. Weiseman on the brief), by brief for The New Hampshire Municipal Association & a., as amicus curiae.

John P. Arnold, attorney general (Leslie J. Ludtke, assistant attorney general, on the brief), by brief for the State, as amicus curiae.


JOHNSON, J.

The central issue in this appeal is whether the defendants, Maine Bonding and Casualty Company (Maine Bonding) and St. Paul Fire and Marine Insurance Company (St. Paul), must indemnify the plaintiffs, Ronald C. Coakley and Coakley Landfill, Inc. (collectively, the Coakleys), for environmental "response" costs imposed or likely to be imposed by the United States Environmental Protection Agency (EPA) and the New Hampshire Department of Environmental Services...

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