SHAPIRO v. PUBLIC SERVICE MUTUAL INS. CO.


19 Mass. App. Ct. 648 (1985)

477 N.E.2d 146

DANIEL P. SHAPIRO, trustee, vs. PUBLIC SERVICE MUTUAL INSURANCE COMPANY.

Appeals Court of Massachusetts, Norfolk.

April 22, 1985.


Attorney(s) appearing for the Case

Edward J. Shagory (Beth Saltzman with him) for the defendant.

Mary K. Ryan (Craig A. MacDonnell with her) for the plaintiff.

Anne Rogers, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Present: PERRETTA, KAPLAN, & WARNER, JJ.


PERRETTA, J.

Oil leaked from the plaintiff Shapiro's underground fuel tank and found its way into the surrounding waterways. The Commonwealth, under G.L.c. 21, § 27(14), as appearing in St. 1979, c. 546, § 3, required Shapiro to assume responsibility for cleaning up the spill, a costly endeavor. Shapiro filed a claim under his comprehensive liability insurance policy with the defendant insurer (Public Service). When Public Service disclaimed coverage under...

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