UNITED STATES SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date of Report: December 18, 1998
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(Date of earliest event reported)
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Exact Name of IRS
Commission Registrant as Employer Registrants'
File Specified in its State of Identification Telephone
Number Charter Incorporation Number Number
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<C> <S> <C> <C> <C>
0-1857-3 The Berkshire Gas Massachusetts 04-1731220 413-442-1511
Company
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115 Cheshire Road, Pittsfield, MA 01201
(Address of principal executive offices)
ITEM 5. OTHER EVENTS
Lawsuit filed against The Berkshire Gas Company
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On December 18, 1998, the Company was sued in the Supreme Court of the
State of New York, County of Kings, by the executrix of the estate of a
customer of the Company's retail propane division relating to an explosion
at the home of such customer in Canaan, New York on July 28, 1997 and the
death of the customer. Handi Mate, Inc., a New York corporation that
engages in the inspection of properties, was also named as a defendant in
the lawsuit.
The complaint alleges six counts against the Company and seeks damages
of twenty million dollars ($20,000,000) per count, plus punitive damages.
The Company intends to vigorously defend each of these claims and expects to
challenge certain claims that, upon initial review, appear redundant to
other claims.
The Company has notified its insurance carrier of the filing of such
lawsuit and the carrier has assumed the defense of such claims. The Company
has comprehensive liability insurance that provides up to thirty-five
million dollars ($35,000,000) of coverage per occurrence.
The Company has not yet filed an answer to the complaint but expects
to do so within the time provided under New York law. The Company has been
advised by counsel that the complaint should not be expected to come to
trial for two to three years.
SIGNATURE
Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
THE BERKSHIRE GAS COMPANY
By: /s/ Scott S. Robinson
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Scott S. Robinson
President
Date: December 28, 1998
