ENERGYNORTH NATURAL GAS v. CENTURY INDEM. CO.

No. 05-2149.

452 F.3d 44 (2006)

ENERGYNORTH NATURAL GAS, INC., Successor in Interest to Gas Services, Inc., Plaintiff, Appellee, v. CENTURY INDEMNITY COMPANY, Successor in Interest to Cigna Specialty Insurance Co., CCI Insurance Company, Insurance Company of North America, and Indemnity Insurance Company of North America, Defendant, Appellant; American Home Insurance Company; America Re-Insurance Company; Associated Electric and Gas Services Limited; International Insurance Company, Successor in Interest to International Surplus Lines Insurance Company; Lexington Insurance Company; North Star Reinsurance Corporation; Northwestern National Insurance Company of Milwaukee, Wisconsin, Successor in Interest to Bellefonte Insurance Company and Bellefonte Underwriters Insurance Company; The Northern Assurance Company of America; St. Paul Fire and Marine Insurance Company; Utica Mutual Insurance Company; Lloyds Underwriters at London; and National Union Fire Insurance of Pittsburgh, Defendants.

United States Court of Appeals, First Circuit.

Decided June 28, 2006.


Attorney(s) appearing for the Case

John L. Altieri, Jr., with whom Robert M. Swederlow and O'Melveny & Myers LLP were on brief, for the appellant.

Bruce W. Felmly, with whom Michael J. Quinn and McLane, Graf, Raulerson & Middleton, P.A. were on brief, for the appellee.

Before SELYA, LIPEZ, and HOWARD, Circuit Judges.


LIPEZ, Circuit Judge.

EnergyNorth Natural Gas, Inc. claimed that certain Century Indemnity Company excess liability insurance policies covered EnergyNorth's potential liability for environmental contamination at the site of former utility operations in Dover, New Hampshire. After a jury trial, but before the jury was charged, the district court entered judgment as a matter of law for EnergyNorth. Century appeals, claiming that the district court erred in refusing...

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