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Maine Drilling and Blasting, Inc. v. Insurance Company of North America

Citations: 67 F.3d 358; 1995 U.S. App. LEXIS 29228; 1995 WL 603170Docket: 93-2230

Court: Court of Appeals for the First Circuit; October 18, 1995; Federal Appellate Court

Narrative Opinion Summary

This case involves Maine Drilling and Blasting, Inc. (MD&B) seeking defense and indemnification from the Insurance Company of North America (INA) for property damage claims related to its blasting operations. The United States District Court for Maine ruled that the insurance policy did not cover these claims, granting summary judgment to INA. MD&B appealed, prompting a certified question to the Supreme Judicial Court of Maine regarding the interpretation of the policy’s Explosives Limitation Endorsement and business risk exclusions. The Maine Supreme Judicial Court found the policy unambiguous, stating that endorsements did not create coverage where none existed and affirmed that exclusions (j)(5) and (j)(6) limited coverage to property damage unrelated to the insured's work. Consequently, the court upheld the district court's summary judgment in favor of INA. This decision was issued without the participation of former Chief Judge Stephen Breyer, who was present during oral arguments but did not contribute to the drafting of the opinion, in compliance with 28 U.S.C. § 46(d).

Legal Issues Addressed

Business Risk Exclusions

Application: Exclusions (j)(5) and (j)(6) were interpreted to limit coverage to property damage unrelated to the insured's work, thereby excluding MD&B's claims from coverage.

Reasoning: The court clarified that the exclusions (j)(5) and (j)(6) specifically limit coverage to property damage unrelated to the insured's work.

Explosives Limitation Endorsement

Application: The endorsement was found not to extend coverage beyond what was originally provided in the policy but allowed for a deductible when coverage existed.

Reasoning: The Explosives Limitation Endorsement does not extend coverage where it was not originally provided but allows for a deductible when coverage exists.

Insurance Policy Interpretation

Application: The court determined that the insurance policy, including its Explosives Limitation Endorsement and business risk exclusions, was not ambiguous and did not provide coverage for MD&B's claims.

Reasoning: The Maine Supreme Judicial Court answered this question in the negative, affirming that the policy, including its endorsements, was unambiguous.