BOSTON GAS COMPANY, d/b/a Keyspan Energy Delivery, Plaintiff, Appellee,
v.
CENTURY INDEMNITY COMPANY, Defendant, Appellant.
Certain Underwriters at Lloyd's London; Certain London Market Insurance Companies; Travelers Casualty and Surety Company; Associated Electric & Gas Insurance Services Limited; Aetna Casualty & Surety Company; The Hartford Insurance Company, Third-Party Defendants.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard December 5, 2007.
Decided June 10, 2008.
Attorney(s) appearing for the Case
Guy A. Cellucci with whom Shane R. Heskin, White & Williams LLP, David B. Chaffin and Hare & Chaffin were on brief for appellant.
David L. Elkind with whom John A. Gibbons and Dickstein Shapiro LLP were on brief for appellee.
William G. Passannante, Eugene R. Anderson, Anderson Kill & Olick, P.C., Amy Bach and Law Offices of Amy Bach on brief for United Policyholders, Amicus Curiae.
Robert J. Gilbert and Gilbert & Renton LLC on brief for Invensys Systems, Inc., Amicus Curiae.
Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and GELPI, District Judge.
United States Court of Appeals, First Circuit.
BOUDIN, Chief Judge.
This is a dispute between Boston Gas Company ("Boston Gas"), the largest provider of natural gas in the New England area, and one of its insurers, Century Indemnity Company ("Century"). Before natural gas became the primary source of energy in New England, Boston Gas produced gas fuel at facilities called manufactured gas plants, known in the industry as "MGPs". These MGPs created gas by heating coal in...
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