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EnergyNorth Natural Gas, Inc. v. Century Indem. Co.

ELR Citation: 36 ELR 20124
Nos. No. 05-2149, (1st Cir., 06/28/2006)

The court holds that excess liability insurance policies cover an insured's potential liability for environmental contamination at a former manufactured gas plant site in Dover, New Hampshire. The district court did not err in refusing to allow the case to go to the jury. The insurer claims that the evidence presented questions as to whether tar had been intentionally dumped into the environment, whether any insurable event had occurred during either of the policy periods, and whether the insurer had been asked to reimburse the insured for preventative measures. But because a reasonable jury would not have found in favor of the insured on any permissible claim or theory based on that evidence, judgment as a matter of law is appropriate. Similarly, the court did not err in excluding certain evidence because it would not have changed the outcome of the case. And the court did not err in ordering the insurer to reimburse the insured for certain costs and fees.