EMPLOYERS INSURANCE OF WAUSAU v. GEORGE

No. 95-P-839.

41 Mass. App. Ct. 719 (1996)

EMPLOYERS INSURANCE OF WAUSAU v. CHARLES GEORGE, JR., & others (and two companion cases).

Court of Appeals of Massachusetts, Middlesex.

November 26, 1996.


Attorney(s) appearing for the Case

Stephen Wald for Charles George, Jr., & another.

Roy P. Giarrusso for Charles George, Sr., & others.

Gary D. Centola for Fireman's Fund Insurance Company.

Michael F. Aylward for Continental Insurance Company.

Anthony R. Zelle for Employers Insurance of Wausau.

John P. Graceffa for Aetna Casualty and Surety Company.

Present: DREBEN, GILLERMAN, & LAURENCE, JJ.


DREBEN, J.

The primary question in this appeal by the Georges is whether certain discharges of pollutants fell within the "sudden and accidental" exception to the pollution exclusion clause in their insurance policies. If so, the Georges' insurers would have a duty to defend the Georges in actions brought against them by the United States and the Commonwealth. A Superior Court judge entered summary judgment for the insurers declaring: (1) that none of them had an...

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