TECHNICON v. AM. HOME


74 N.Y.2d 66 (1989)

Technicon Electronics Corporation, Appellant, v. American Home Assurance Company et al., Defendants, and Atlantic Mutual Insurance Company et al., Respondents.

Court of Appeals of the State of New York.

Decided June 30, 1989.


Attorney(s) appearing for the Case

Jerold Oshinsky, Paul A. Feigenbaum, Nicholas J. Zoogman, Robert H. Shulman, Nancy A. Markowitz and Murray D. Sacks for appellant.

Thomas R. Newman, Sidney Rosen, Barry G. Saretsky and Allen L. Sheridan for Atlantic Mutual Insurance Company and another, respondents.

John G. McAndrews and Henry Lee for Lloyds, London and another, respondents.

Robert N. Sayler, William F. Greaney, Laura L. Sardo, Philip H. Gitlen and Neil J. Levine for The Chemical Manufacturers Association and others, amici curiae.

Timothy C. Russell and Patricia A. Gotschalk for Lumbermens Mutual Casualty Company, amicus curiae.

Thomas W. Brunner, James M. Johnstone and John W. Cavilia for Insurance Environmental Litigation Association and others, amici curiae.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.


BELLACOSA, J.

We agree with the Appellate Division that plaintiff Technicon is not entitled to be provided a defense by defendants insurers because the pollution exclusion from coverage provision in the applicable primary comprehensive general liability insurance policy is unambiguously plain and operative. The alleged wrongdoing in the underlying personal injury action, in which Technicon was sued and for which...

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