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HAKIM v. MASSACHUSETTS INSURERS' INSOLVENCY FUND

424 Mass. 275 (1997)

RALPH W. HAKIM & another v. MASSACHUSETTS INSURERS' INSOLVENCY FUND.

Supreme Judicial Court of Massachusetts, Norfolk.

February 14, 1997.

Attorney(s) appearing for the Case

Martin C. Pentz (Peter A. Johnson & Raymond Sayeg, Jr., with him) for the plaintiffs.

Peter E. Heppner (Stephen M.A. Woodworth with him) for the defendant.

Peter G. Hermes & Kevin J. O'Connor, & Laura A Foggan, Daniel E. Troy & N. Christopher Hardee of the District of Columbia, for the Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, & MARSHALL, JJ.

MARSHALL, J.

The question for decision is whether the "owned property" exclusion in a homeowners' insurance policy bars coverage for the costs incurred by the policyholders for the cleanup of an oil spill on their property. The cleanup was undertaken after the policyholders received a notice of responsibility from the Massachusetts Department of Environmental Protection (department). Ralph W. Hakim and Mary F. Hakim (Hakims) commenced this action against Abington...

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