RUBENSTEIN v. ROYAL INSURANCE COMPANY OF AMERICA

No. 96-P-1650.

44 Mass. App. Ct. 842 (1998)

PAUL R. RUBENSTEIN & others, trustees, v. ROYAL INSURANCE COMPANY OF AMERICA.

Court of Appeals of Massachusetts, Suffolk.

May 27, 1998.


Attorney(s) appearing for the Case

Alan B. Rubenstein (Donald R. Pinto, Jr., with him) for the plaintiffs.

Molly H. Sherden for the defendant.

Laura A. Foggan & Daniel E. Troy, of the District of Columbia, & Rosanna Sattler, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

Present: PERRETTA, KASS, & GREENBERG, JJ.


GREENBERG, J.

During the demolition of former textile mill buildings in Newton, Security Mills Limited Partnership (SMLP) discovered leakage of number six fuel oil from an abandoned 15,000 gallon underground tank. To recover damages, the general partners of SMLP brought a civil action in April, 1989, against the trustees of Security Mills Realty Trust (trustees), from whom SMLP had purchased the property in 1985. The trustees in turn brought a declaratory judgment...

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