LUMBERMENS MUTUAL CASUALTY v. BELLEVILLE INDUSTRIES


407 Mass. 675 (1990)

555 N.E.2d 568

LUMBERMENS MUTUAL CASUALTY COMPANY vs. BELLEVILLE INDUSTRIES, INC.

Supreme Judicial Court of Massachusetts, Suffolk.

June 14, 1990.


Attorney(s) appearing for the Case

Timothy C. Russell of the District of Columbia (Michael S. Greco with him) for the plaintiff.

David A. McLaughlin for the defendant.

William M. Savino, Stephen J. Smirti, Jr., Gary D. Centola, & Laurence Levy of New York, & Cynthia J. Cohen, for Fireman's Fund Insurance Company, joined in a brief.

The following submitted briefs for amici curiae:

Wm. Gerald McElroy, Jr., Janet L.R. Menna & Karl S. Vasiloff for Employers Insurance of Wausau.

James L. Ackerman for Aetna Casualty & Surety Co.

Howard T. Weir of the District of Columbia, Brian T. Kenner, Martin C. Pentz, Maria Raia Hamilton, Richard W. Benka & Edward J. Stein for AVX Corporation, & others.

Thomas W. Brunner, James M. Johnstone & Lyn S. Entzeroth of the District of Columbia, & Peter G. Hermes & Molly H. Sherden for Insurance Environmental Litigation Association & another.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & GREANEY, JJ.


WILKINS, J.

A judge of the United States District Court for the District of Massachusetts has certified questions of law to us, pursuant to S.J.C. Rule 1:03, 382 Mass. 700 (1980), that arise out of a dispute between Lumbermens Mutual Casualty Company (Lumbermens) and its insured, Belleville Industries, Inc. (Belleville).1 Belleville is one of the defendants in an action brought by the United States and the Commonwealth of Massachusetts...

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