ACADIA INS. CO. v. McNEIL

No. 96-2240.

116 F.3d 599 (1997)

ACADIA INSURANCE COMPANY, Plaintiff, Appellant, v. Michael McNEIL, et al., Defendants, Appellees, George McNeil, Plaintiff, Appellee.

United States Court of Appeals, First Circuit.

June 17, 1997.


Attorney(s) appearing for the Case

Bruce W. Felmly, Manchester, NH, with whom J. Kirk Trombley, McLane, Graf, Raulerson & Middleton, Portsmouth, NH, Marilyn L. Lytle, and Thacher Proffitt & Wood, New York City, were on brief, for plaintiff, appellant.

Timothy R. McHugh and Hoch & McHugh, Boston, MA, on brief for American Institute of Marine Underwriters, amicus curiae.

Christine M. Rockefeller, with whom Burns, Bryant, Hinchey, Cox & Rockefeller, P.A., Dover, NH, was on brief, for appellee Michael McNeil.

Emmanuel Krasner, Farmington, NH, with whom Krasner Professional Association, was on brief, for appellee George McNeil.

Before SELYA, Circuit Judge, COFFIN, Senior Circuit Judge, and LYNCH, Circuit Judge.


CERTIFICATION OF A QUESTION TO THE NEW HAMPSHIRE SUPREME COURT

SELYA, Circuit Judge.

This case involves an issue of New Hampshire law as to which we have found no decisive New Hampshire precedent. Accordingly, we certify the controlling question of state law to the New Hampshire Supreme Court in accordance with New Hampshire Supreme Court Rule 34 (1997).

Background

In 1995, a boating accident occurred on Lake Winnipesaukee in Alton...

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