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UTICA MUT. INS. v. WEATHERMARK INVESTMENTS

Nos. 01-1767, 01-1768.

292 F.3d 77 (2002)

UTICA MUTUAL INSURANCE COMPANY, Plaintiff, Appellee, v. WEATHERMARK INVESTMENTS, INC., etc., Defendant, Appellant, Hall Equipment, Inc., et al., Defendants. Utica Mutual Insurance Company, Cross-Appellant, v. Weathermark Investments, Inc., etc., Cross-Appellee, Hall Equipment, Inc., et al., Defendants.

United States Court of Appeals, First Circuit.

Decided June 11, 2002.

Attorney(s) appearing for the Case

William D. Gillis, Jr., with whom Gerald E. Libby II and Massery & Gillis, LLP were on brief for defendant, appellant.

Rachel E. Smith, with whom Lon A. Berk and Shaw Pittman, LLP were on brief for plaintiff, appellee.

Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and O'TOOLE, District Judge.

CYR, Senior Circuit Judge.

Weathermark Investments ("Weathermark"), operator of a home-heating oil business, appeals from a district court judgment declaring that Utica Mutual Insurance Company ("Utica") is under no contractual obligation to indemnify its insureds for costs incurred in cleaning up a fuel oil spill on Weathermark's property. Utica in turn cross-appeals from a district court ruling entitling Utica's insureds to indemnification for nonremediation "property...

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