ATLAS TACK CORPORATION v. LIBERTY MUTUAL INSURANCE COMPANY

No. 97-P-1944.

48 Mass. App. Ct. 378 (1999)

ATLAS TACK CORPORATION v. LIBERTY MUTUAL INSURANCE COMPANY.

Court of Appeals of Massachusetts, Suffolk.

December 22, 1999.


Attorney(s) appearing for the Case

James E. McGuire for the plaintiff.

Carol A. Kelly for the defendant.

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

Present: ARMSTRONG, BROWN, & SPINA, JJ.


ARMSTRONG, J.

These cross appeals from a partial final summary judgment concern the existence of an insurer's duty to defend the plaintiff corporation (Atlas Tack) against pollution claims of the Commonwealth and the Federal Environmental Protection Agency arising from contamination at Atlas Tack's manufacturing site. We hold that the insurer (Liberty) owed no duty to defend because Atlas Tack unilaterally assumed...

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