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BUELL INDUSTRIES, INC. v. GREATER NEW YORK MUTUAL INS. CO.

(SC 16464)

259 Conn. 527 (2002)

BUELL INDUSTRIES, INC. v. GREATER NEW YORK MUTUAL INSURANCE COMPANY ET AL.

Supreme Court of Connecticut.

Officially released February 26, 2002.

Attorney(s) appearing for the Case

Francis J. Brady, with whom were Austin Carey, Jr., John S. Vishneski III and, on the brief, Angela Elbert Dietz, for the appellant (plaintiff).

Joel M. Fain, with whom were Jay D. Kenigsberg, pro hac vice, Thomas C. Clark, and, on the brief, Erich H. Gaston and Glory M. Lena, for the appellees (defendant Federal Insurance Company et al.).

Laura A. Foggan, pro hac vice, Daniel E. Troy, pro hac vice, Danielle E. Berry, pro hac vice, Daniel P. Scapellati and John B. Farley, filed a brief for the Insurance Environmental Litigation Association as amicus curiae.

W. James Cousins, Jr., Eugene R. Anderson, pro hac vice, Robert M. Horkovich, pro hac vice, Mark Garbowski, pro hac vice, Amy Bach, pro hac vice, and Brian T. Valery, law clerk, filed a brief for the United Policyholders as amicus curiae.

Sullivan, C. J., and Norcott, Palmer, Vertefeuille and Zarella, JS.

Opinion

NORCOTT, J.

This appeal arises from a dispute regarding whether the comprehensive general liability policies issued by the defendant insurers provide coverage for the environmental claims asserted by the plaintiff. More specifically, we are asked, in part, to interpret the meaning and applicability of the "sudden and accidental" exception to the pollution exclusion contained in the defendants' insurance policies. The plaintiff, Buell Industries...

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