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NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION v. MARKEM CORPORATION

424 Mass. 344 (1997)

NEW HAMPSHIRE INSURANCE GUARANTY ASSOCIATION v. MARKEM CORPORATION & others.

Supreme Judicial Court of Massachusetts, Suffolk.

March 4, 1997.

Attorney(s) appearing for the Case

Joseph C. Tanski (Mark Robins with him) for the plaintiff.

Robert C. Kirsch (Michael Bongiorno with him) for Markem Corporation.

George B. Henderson, Assistant United States Attorney, for the United States Environmental Protection Agency & another.

Present: WILKINS, C.J., O'CONNOR, GREANEY, FRIED, & MARSHALL, JJ.

FRIED, J.

The New Hampshire Insurance Guaranty Association (NHIGA), brought an action in the Superior Court against Markem Corporation (Markem), the United States Environmental Protection Agency (EPA), and the regional EPA administrator, seeking a declaration that it had no duty to defend or indemnify Markem for claims against Markem asserted by the EPA under the Comprehensive Environmental Response, Compensation, and Liability...

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