Technicon Electronics Corp., Respondent,
v.
American Home Assurance Company et al., Defendants, and Atlantic Mutual Insurance Company et al., Appellants
Appellate Division of the Supreme Court of the State of New York, Second Department.https://leagle.com/images/logo.png
October 3, 1988
October 3, 1988
Attorney(s) appearing for the Case
Bower & Gardner (Barry G. Saretsky, Sidney Rosen, Marsha Weinstein and Eric Dranoff of counsel), for appellants.
Anderson Russell Kill & Olick, P. C. (Jerold Oshinsky, Nicholas J. Zoogman and Lynn A. Stansel of counsel), for respondent.
Rivkin, Radler, Dunne & Bayh (William M. Savino, Stephen J. Smirti, Jr., and Lawrence A. Levy of counsel), for Fireman's Fund Insurance Company, defendant.
Drinker Biddle & Reath (Timothy C. Russell and Patricia A. Gotschalk of counsel), for Lumberman's Mutual Casualty Company, defendant.
Covington & Burling (John G. Buchanan, III, William F. Greaney, Frederick G. Herold and Michael E. Tankersley of counsel), and Wormser, Kiely, Alessandroni, Hyde & McCann (Lawrence M. McKenna of counsel), for Carter Day Industries, Inc., and others, amici curiae.
Shea & Gould for American Insurance Association, amicus curiae.
KUNZEMAN, J. P., KOOPER and SULLIVAN, JJ., concur.
Appellate Division of the Supreme Court of the State of New York, Second Department.
SPATT, J.
On this appeal, we are asked to determine whether the intentional discharge of waste materials into waterways over a course of years by a manufacturer in the regular course of its business was "sudden and accidental" so as to require the appellants to defend or indemnify the plaintiff pursuant to liability insurance policies issued to the plaintiff. For...
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