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BOSTON GAS COMPANY v. CENTURY INDEMNITY COMPANY; CERTAIN UNDERWRITERS AT LLOYD'S LONDON

SJC-10246

454 Mass. 337 (2009)

BOSTON GAS COMPANY v. CENTURY INDEMNITY COMPANY; CERTAIN UNDERWRITERS AT LLOYD'S LONDON & others, third-party defendants.

Supreme Judicial Court of Massachusetts, Suffolk.

July 24, 2009.

Attorney(s) appearing for the Case

Guy A. Cellucci, of Pennsylvania (Shane R. Heskin with him) for the defendant.

David L. Elkind, of the District of Columbia (Ronald Macklin, of New York, with him) for the plaintiff.

Jo-Ann Horn Maynard, of Washington, for the third-party defendants.

The following submitted briefs for amici curiae:

Eugene R. Anderson, William G. Passannante, & Carrie Maylor, of New York, & Amy Bach, of California, for United Policyholders.

Richard Neumeier for Continental Casualty Company.

Martin F. Gaynor, III, & Nicholas D. Stellakis for A.W. Chesterton Company.

William F. Greaney, Deanna M. Wilcox, & Gregory M. Lipper, of the District of Columbia, & Francis J. Sally & Andrea Peraner-Sweet for The Gillette Company.

Peter G. Hermes, Kevin J. O'Connor, & Michael S. Batson for OneBeacon America Insurance Company.

Laura A. Foggan, Paul A. Dame, & Parker J. Lavin, of the District of Columbia, & Richard Riley & William P. Mekrut for The American Insurance Association & others.

Present: MARSHALL, C.J., IRELAND, SPINA, COWIN, CORDY, & BOTSFORD, JJ.

CORDY, J.

In connection with an appeal pending before it, the United States Court of Appeals for the First Circuit has certified the following questions to this court, pursuant to S.J.C. Rule 1:03, as appearing in 382 Mass. 700 (1981):

"1. Where an insured protected by standard CGL3 policy language incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided...

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