STATE v. CAPITAL MUT. INS. CO.


213 A.D.2d 888 (1995)

623 N.Y.S.2d 660

State of New York, Respondent, v. Capital Mutual Insurance Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 16, 1995


Spain, J.

This case involves the issue of the applicability of a pollution exclusion in a homeowner's policy to a claim for an oil spill remediated by plaintiff. In 1991, Dorothy O'Connell owned a home in the Town of Sand Lake, Rensselaer County, which was insured by a homeowner's policy issued by defendant for the period July 17, 1990 through July 17, 1993. The policy of insurance issued by defendant to O'Connell contains the following provision:

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