Kluver v. Deaver

The central issue in this appeal is whether the defendants, Maine Bonding and Casualty Company (Maine Bonding) and St. Paul Fire and Marine Insurance Company (St. Paul), must indemnify the plaintiffs, Ronald C. Coakley and Coakley Landfill, Inc. (collectively, the Coakleys), for environmental "response" costs imposed or likely to be imposed by the United States Environmental Protection Agency (EPA) and the New Hampshire Department of Environmental Services (NHDES) pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C.A. § § 9601 et seq. (1983 & Supp. 1992) (CERCLA), and comparable State statutes, RSA chapter 147-B (1990 & Supp. 1991). The Superior Court (Hollman, J.) granted the defendants motion for summary judgment below, ruling that the word "damages," found in the granting clause of the defendants comprehensive general liability policies, does not include these response costs. In addition, the court ruled that the EPA and NHDES demands concerning Coakley Landfill, contained in "notices of potential responsibility" and other letters, are not "suits," and that therefore the defendants are not bound to defend the Coakleys. The Coakleys appeal both rulings and we reverse.