Cardigan Mountain Sch. v. N.H. Ins. Co., No. 14-2182 (1st Cir. 2015)Annotate this Case
In 2013, Plaintiff, a private middle school in Canaan, New Hampshire, received a demand letter asserting a claim concerning events that allegedly occurred during the 1967-1968 academic year. In response, Plaintiff asked Defendant, an insurance company, to defend against the claim under an insurance policy that Defendant allegedly issued to Plaintiff nearly fifty years ago. Defendant rejected the request on the grounds that it had not been able to locate any policy covering the school for the relevant time period. Plaintiff filed suit seeking a judgment adjudicating and decreeing the existence of, and Plaintiff’s rights under, the policy issued by Defendant. The case was removed to federal district court. The district court granted Defendant’s motion to dismiss the suit for failure to state claim, concluding that the school’s complaint did not plausibly show the existence of the policy. The First Circuit reversed, holding that Plaintiff’s complaint proved a plausible basis, beyond a mere possibility, for believing Defendant issued the policy in question. Remanded.
The court issued a subsequent related opinion or order on June 2, 2015.