REPUBLIC FRANKLIN INSURANCE COMPANY v. L&J REALTY CORPORATION


280 A.D.2d 351 (2001)

720 N.Y.S.2d 473

REPUBLIC FRANKLIN INSURANCE COMPANY, Appellant, v. L&J REALTY CORPORATION et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 13, 2001.


Defendant building owners and operators, during the relevant period, were insured under a general business policy issued by plaintiff that contains a pollution exclusion clause. That clause was properly found by the IAS Court to be inapplicable to relieve plaintiff insurer of its obligation to defend and indemnify in the underlying personal injury action since the plaintiff in that underlying action did not allege injury attributable to a pollutant that had either emanated...

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