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HAZEN PAPER CO. v. UNITED STATES FIDELITY & GUAR. CO.

407 Mass. 689 (1990)

555 N.E.2d 576

HAZEN PAPER COMPANY vs. UNITED STATES FIDELITY AND GUARANTY COMPANY.

Supreme Judicial Court of Massachusetts, Hampden.

June 14, 1990.

Attorney(s) appearing for the Case

Stephen J. Smirti, Jr., of New York, & John D. Lanoue (Edward T. Finneran, III, & David M. Cassidy of New York, with them) for the defendant.

Paul F. Ware, Jr. (Nancer H. Ballard with him) for the plaintiff.

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

Henry P. Sorett & Anne W. Chisholm, for Massachusetts Natural Gas Council, amicus curiae, submitted a brief.

Thomas L. Crotty, Jr., & James E. McGuire, for Haartz Corporation & others, amici curiae, joined in a brief.

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

WILKINS, J.

Hazen Paper Company (Hazen) brought this action in October, 1986, seeking, among other things, a declaration that its insurer (USF&G) was obliged to defend and indemnify it with respect to claims against Hazen arising out of alleged environmental pollution by a facility to which Hazen had sent solvents for recycling from 1976 to 1979.

In 1983, the United States Environmental Protection Agency (EPA) notified Hazen by letter that Hazen was a...

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