-----BEGIN PRIVACY-ENHANCED MESSAGE----- Proc-Type: 2001,MIC-CLEAR Originator-Name: webmaster@www.sec.gov Originator-Key-Asymmetric: MFgwCgYEVQgBAQICAf8DSgAwRwJAW2sNKK9AVtBzYZmr6aGjlWyK3XmZv3dTINen TWSM7vrzLADbmYQaionwg5sDW3P6oaM5D3tdezXMm7z1T+B+twIDAQAB MIC-Info: RSA-MD5,RSA, Gume9oKFCHzrgr8lvfkk2HT6nfdQbbg5rGOG/nZJeAdRuYWXa7uT+H4QRjb4t84k jrPIH23v0v7nOMcnUkjfvw== 0000910647-98-000323.txt : 19981229 0000910647-98-000323.hdr.sgml : 19981229 ACCESSION NUMBER: 0000910647-98-000323 CONFORMED SUBMISSION TYPE: 8-K PUBLIC DOCUMENT COUNT: 1 CONFORMED PERIOD OF REPORT: 19981218 ITEM INFORMATION: FILED AS OF DATE: 19981228 FILER: COMPANY DATA: COMPANY CONFORMED NAME: BERKSHIRE GAS CO /MA/ CENTRAL INDEX KEY: 0000317406 STANDARD INDUSTRIAL CLASSIFICATION: NATURAL GAS DISTRIBUTION [4924] IRS NUMBER: 041731220 STATE OF INCORPORATION: MA FISCAL YEAR END: 0630 FILING VALUES: FORM TYPE: 8-K SEC ACT: SEC FILE NUMBER: 000-01857 FILM NUMBER: 98776165 BUSINESS ADDRESS: STREET 1: 115 CHESHIRE RD CITY: PITTSFIELD STATE: MA ZIP: 01201-1388 BUSINESS PHONE: 4134421511 8-K 1 BODY OF FORM 8-K 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 ------------ (Date of earliest event reported)
Exact Name of IRS Commission Registrant as Employer Registrants' File Specified in its State of Identification Telephone Number Charter Incorporation Number Number - ---------- ---------------- ------------- -------------- ------------ 0-1857-3 The Berkshire Gas Massachusetts 04-1731220 413-442-1511 Company
115 Cheshire Road, Pittsfield, MA 01201 (Address of principal executive offices) ITEM 5. OTHER EVENTS Lawsuit filed against The Berkshire Gas Company ----------------------------------------------- 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 ---------------------------------- Scott S. Robinson President Date: December 28, 1998 -----END PRIVACY-ENHANCED MESSAGE-----