PATRONS OXFORD MUT. INS. CO. v. MAROIS


573 A.2d 16 (1990)

PATRONS OXFORD MUTUAL INSURANCE CO. v. Norman and Julia MAROIS.

Supreme Judicial Court of Maine.

Decided April 2, 1990.


Attorney(s) appearing for the Case

William J. Kelleher (orally), Augusta, for plaintiff.

Peter B. Bickerman (orally), Steven T. Blackwell, Lipman & Katz, Augusta, for defendant.

James Tierney, Atty. Gen., Dennis Harnish, Asst. Atty. Gen., Augusta, amicus curiae.

Before WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.


HORNBY, Justice.

In this case we consider whether a special multi-peril policy covers a polluter's expense in responding to state-ordered clean-up demands. The pollution resulted from leaking underground tanks located on the insured's property. We conclude that insurance contract language providing coverage for amounts the insured is "legally obligated to pay as damages" does not cover expenses the insured incurs in meeting state clean-up demands. We also hold that...

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