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SCA SERVICES v. TRANSPORTATION INSURANCE CO.

419 Mass. 528 (1995)

SCA SERVICES, INC. vs. TRANSPORTATION INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

February 17, 1995.

Attorney(s) appearing for the Case

David M. Jones (Matthew L. Jacobs, of the District of Columbia, with him) for the plaintiff.

Michael F. Aylward (Laurie J. Condos with him) for the defendant.

Thomas W. Brunner, James M. Johnstone & Jennifer L. Radner, of the District of Columbia, & Peter G. Hermes & Kevin J. O'Connor, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

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

LYNCH, J.

This action raises the question whether the defendant, Transportation Insurance Company, had a duty to defend and to indemnify SCA Services, Inc. (SCA), in an underlying class action suit arising from SCA's operation of a hazardous waste landfill in Wilsonville, Illinois. SCA alleged that the defendant had a duty to defend, pursuant to its comprehensive general liability coverage for bodily injury, property damage...

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