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Maine Drilling v. Insurance Company, 93-2230 (1994)

Court: Court of Appeals for the First Circuit Number: 93-2230 Visitors: 16
Filed: Aug. 29, 1994
Latest Update: Mar. 02, 2020
Summary: INSURANCE COMPANY OF NORTH AMERICA, ET AL. The remaining two panelists therefore issue, this opinion pursuant to 28 U.S.C. 46(d).Judicial Court of Maine.that it should be read as providing, business risk coverage for MD B's claims, against INA
USCA1 Opinion











UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
____________________

No. 93-2230

MAINE DRILLING AND BLASTING, INC.,

Plaintiff, Appellant,

v.

INSURANCE COMPANY OF NORTH AMERICA, ET AL.,

Defendants, Appellees.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MAINE

[Hon. Morton A. Brody, U.S. District Judge] ___________________

____________________

Before

Breyer,* Chief Judge, ___________
Coffin, Senior Circuit Judge, ____________________
and Torruella, Circuit Judge. _____________

_____________________

Stephen B. Wade, with whom Skelton, Taintor & Abbott was on ________________ _________________________
brief for appellant.
James D. Poliquin, with whom Norman, Hanson & Detroy was on __________________ _______________________
brief for appellee Insurance Company of North America.



____________________

October 18, 1995
____________________

____________________

* Former Chief Judge Stephen Breyer heard oral argument in this
matter but did not participate in the drafting or the issuance of
the panel's opinion. The remaining two panelists therefore issue
this opinion pursuant to 28 U.S.C. 46(d).












TORRUELLA, Chief Judge. Maine Drilling & Blasting, TORRUELLA, Chief Judge. ___________

Inc. ("MD&B"), brought suit in the United States District Court

of Maine, alleging that the Insurance Company of North America

("INA") was required to defend and indemnify MD&B in an action

brought against MD&B arising from property damage caused by

MD&B's blasting work on a construction site. The district court

found that the insurance policy at issue excluded coverage for

the damages caused by MD&B, and granted summary judgment in favor

of INA. MD&B appealed, and on August 29, 1994, we certified the

following dispositive question of Maine law to the Supreme

Judicial Court of Maine.

Does the Explosives Limitation
Endorsement attached to the standard
Comprehensive General Liability policy,
when considered in conjunction with the
business risk exclusions, j(5) and j(6),
and any relevant history and general
understanding of the insurance industry,
create such an ambiguity that it should
be interpreted against the insurer, i.e.,
that it should be read as providing
business risk coverage for MD&B's claims
against INA?

Maine Drilling and Blasting, Inc. v. Insurance Co. of North ___________________________________ ________________________

America, 34 F.2d 1 (1st Cir. 1994). _______

In an opinion dated September 29, 1995, the Supreme

Judicial Court of Maine answered the certified question in the

negative.

The policy in this case, read with its
endorsements, is unambiguous.
Subsections (j)(5) and (j)(6) serve to
limit the coverage to that property
damage occurring to property other than
that on which the insured is to perform
its work. The endorsement confirms

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coverage for 'occurrence of harm'
blasting risk, albeit at a higher
deductible. The endorsement by its plain
language does not extend coverage where
coverage did not exist, but provides for
a deductible where coverage does exist.
The exclusions contained in subsections
(j)(5) and (j)(6) are unaffected by the
plain language of the Explosives
Limitation Endorsement.

We answer the certified question in the
negative.

The Supreme Judicial Court's conclusion that the policy

is unambiguous is dispositive of the only issue in this case.

Because the policy is unambiguous, the exclusions apply. The

decision of the district court granting summary judgment in favor

of INA is therefore affirmed. affirmed






























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Source:  CourtListener

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