Acadia Insurance v. McNeil

• Court: Court of Appeals for the First Circuit
• Decided: June 17, 1997
• Docket: 96-2240
• Status: Published

Opinion

USCA1 Opinion

                 United States Court of Appeals

                     For the First Circuit


No. 96-2240



                    ACADIA INSURANCE COMPANY,

                      Plaintiff, Appellant,



                                v.



                     MICHAEL MCNEIL, ET AL.,

                      Defendants, Appellees,

                          ______________



                          GEORGE MCNEIL,

                       Plaintiff, Appellee.


APPEAL FROM THE UNITED STATES DISTRICT COURT

                FOR THE DISTRICT OF NEW HAMPSHIRE



          [Hon. Paul J. Barbadoro, U.S. District Judge]


Before



                      Selya, Circuit Judge,

                 Coffin, Senior Circuit Judge,

                   and Lynch, Circuit Judge.


Bruce W. Felmly, with whom J. Kirk Trombley, McLane, Graf,

Raulerson & Middleton, Marilyn L. Lytle, and Thacher Proffitt &

Wood were on brief, for appellant.

     Timothy R. McHugh and Hoch & McHugh on brief for American

Institute of Marine Underwriters, amicus curiae.

     Christine M. Rockefeller, with whom Burns, Bryant, Hinchey,

Cox & Rockefeller, P.A. was on brief, for appellee Michael McNeil.

     Emmanuel Krasner, with whom Krasner Professional Associationwas on brief, for appellee George McNeil.


June 16, 1998


Per Curiam.  This appeal arises out of a dispute over the

applicability of a state statute, N.H. Rev. Stat. Ann.  412:2 (II)

(Supp. 1997), to an insurance policy issued by the appellant,

Acadia Insurance Company.  In an earlier opinion, we reviewed the

background of the dispute and chronicled the proceedings below. 

See Acadia Ins. Co. v. McNeil, 116 F.3d 599, 600-01 (1st Cir.

1997).  Then, applying principles of federal law, we classified the

Acadia policy as a policy of ocean marine insurance.  See id. at

601-03.  Finally, we certified to the New Hampshire Supreme Court

the following question:

  Does N.H. Rev. Stat. Ann.  412:2(II) apply to

  the liability component of an ocean marine

  insurance policy issued in New Hampshire?



Id. at 605.

  The New Hampshire Supreme Court now has responded to our

inquiry, answering the certified question in the affirmative.  SeeAcadia Ins. Co. v. McNeil, ___ A.2d ___ (N.H. 1998) [No. 97-432,

May 22, 1998].  Because this opinion appears to be dispositive of

the case at hand, we issued a show-cause order inviting the parties

"to show cause (if any there be) . . . why this court should not

enter an order summarily affirming the decision below."  The time

stipulated in our show-cause order has expired.  Since no cause has

been shown, we summarily affirm the judgment of the district court.



  Affirmed.  Costs to appellees.