ENERGYNORTH NATURAL GAS, INC.
v.
UNDERWRITERS AT LLOYD'S.
ENERGYNORTH NATURAL GAS, INC.
v.
UTICA MUTUAL INSURANCE COMPANY & a.
Supreme Court of New Hampshire.https://leagle.com/images/logo.png
Argued: February 4, 2004.
Opinion Issued: April 23, 2004.
Attorney(s) appearing for the Case
McLane, Graf, Raulerson & Middleton, P.A., of Manchester (Bruce W. Felmly & a. on the brief, and Mr. Felmly orally), for the plaintiff.
Wiggin & Nourie, P.A., of Manchester (Doreen Connor on the brief), and Mendes & Mount, L.L.P., of New York, New York (John G. McAndrews & a. on the brief, and Mr. McAndrews orally), for defendant Underwriters at Lloyd's.
Walker & Buchholz, P.A., of Manchester (Kevin E. Buchholz on the brief and orally), for defendant Utica Mutual Insurance Company.
Morrison, Mahoney & Miller, L.L.P., of Boston, Massachusetts (Michael F. Aylward on the brief), and Steptoe & Johnson, L.L.P., of Washington, D.C. (Roger Warin orally), for defendant St. Paul Fire and Marine Insurance Company.
Devine, Millimet & Branch, P.A., of Manchester (Eric Kane on the brief), and Siegal & Napierkowski, of Cherry Hill, New Jersey (Lawrence A. Serlin on the brief and orally), for defendant Century Indemnity Company.
McNeill, Taylor & Gallo, P.A., of Dover (Stephen H. Roberts on the brief), for the Complex Insurance Claims Litigation Association, as amicus curiae.
Supreme Court of New Hampshire.
DUGGAN, J.
The United States District Court for the District of New Hampshire (McAuliffe, J.) certified the following question of law, see SUP. CT. R. 34:
What "trigger-of-coverage" standard should be applied under New Hampshire law to determine the point at which an "accident" or "occurrence" causing "property damage" took place, within the meaning of the accident- and occurrence-based insurance policy provisions at issue, where an insured...
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