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LIBERTY MUTUAL INS. CO. v. SCA SERVICES, INC.

412 Mass. 330 (1992)

588 N.E.2d 1346

LIBERTY MUTUAL INSURANCE COMPANY vs. SCA SERVICES, INC. & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 26, 1992.

Attorney(s) appearing for the Case

Ralph T. Lepore, III (Janice Kelley Rowan with him) for the plaintiff.

Michael F. Aylward (Laurie J. Condos with him) for Transportation Insurance Company.

Fred A. Kelly, Jr. (Gregory P. Deschenes with him) for Hartford Accident & Indemnity Company.

James J. Dillon (Kenneth J. Parsigian with him) for SCA Services, Inc.

Rosanna Sattler, Peter G. Hermes & Molly H. Sherden; & Thomas W. Brunner, Laura A. Foggan & Carol Barthel of the District of Columbia, for Insurance Environmental Litigation Association & another, amici curiae, submitted a brief.

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

GREANEY, J.

Liberty Mutual Insurance Company brought this action in the Superior Court seeking a declaration under G.L.c. 231A (1990 ed.) that it was not obligated to defend or indemnify its insured, SCA Services, Inc. (SCA), in an action brought by the State of New York and the town of Tusten, New York, for damages caused by hazardous waste leaching out of a landfill in Tusten to which SCA brought such waste for disposal. Liberty Mutual's complaint for declaratory...

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