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LANDAUER, INC. v. LIBERTY MUTUAL INSURANCE CO.

No. 92-P-1175.

36 Mass. App. Ct. 177 (1994)

628 N.E.2d 1300

LANDAUER, INC. vs. LIBERTY MUTUAL INSURANCE CO.

Appeals Court of Massachusetts, Suffolk.

March 2, 1994.

Attorney(s) appearing for the Case

Arthur P. Kreiger for the plaintiff.

Victoria S. Price for the defendant.

Laura A. Foggan, Marilyn E. Kerst & Dale E. Hausman, of the District of Columbia, & Michael R. Coppock, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

Present: ARMSTRONG, KAPLAN, & LAURENCE, JJ.

KAPLAN, J.

The plaintiff, Landauer, Inc. (Landauer), sought a declaration that its comprehensive general liability policies with the defendant, Liberty Mutual Insurance Co. (Liberty Mutual), required Liberty Mutual to take over the defense of a claim1 against it related to landfill pollution. In dealing with this matter we have to revisit the question of the meaning or scope of a "sudden...

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