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POLAROID CORP. v. THE TRAVELERS INDEMNITY CO.

414 Mass. 747 (1993)

610 N.E.2d 912

POLAROID CORPORATION vs. THE TRAVELERS INDEMNITY COMPANY & others.

Supreme Judicial Court of Massachusetts, Middlesex.

April 7, 1993.

Attorney(s) appearing for the Case

James E. McGuire for the plaintiff.

John A. Nadas (Mark D. Cahill with him) for The Travelers Indemnity Company.

Sheldon Karasik of New York (Marc LaCasse with him) for American Home Assurance Company & others.

Peter G. Hermes (Molly H. Sherden with him) for Commercial Union Insurance Company.

Gary D. Centola of New York (Lisa D. Campolo with him) for Fireman's Fund Insurance Company.

Paul R. Koepff & Rosemary B. Boller of New York, & David B. Chaffin, for Insurance Company of North America, submitted a brief.

The following submitted briefs for amici curiae:

Barry L. Malter, Peri N. Mahaley & Warren Anthony Fitch, of the District of Columbia, & Walter H. Mayo, III, for Emhart Corporation & another.

Rosanna Sattler, Jeffrey W. Armstrong & Valerie C. Samuels for Insurance Environmental Litigation Association.

James L. Ackerman & Carol F. Liebman for Aetna Casualty & Surety Company.

David M. Jones, John M. Edwards & M. Katherine Willard for Bose Corporation & others.

Ralph T. Lepore, III, for Liberty Mutual Insurance Company.

Present: LIACOS, C.J., WILKINS, ABRAMS, LYNCH, & O'CONNOR, JJ.

WILKINS, J.

Polaroid Corporation brought this action against its comprehensive general liability insurers seeking recovery of defense and settlement costs that Polaroid incurred in the defense and settlement of claims against it arising from the discharge of pollutants by Cannons Engineering Corporation (Cannons), Polaroid's former waste processor. Claims against Polaroid were asserted in 1986 by the Massachusetts Department of Environmental Quality Engineering, the...

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