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CHICAGO BRIDGE & IRON COMPANY v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON

No. 01-P-645.

59 Mass. App. Ct. 646 (2003)

CHICAGO BRIDGE & IRON COMPANY v. CERTAIN UNDERWRITERS AT LLOYD'S, LONDON, & another.

Appeals Court of Massachusetts, Middlesex.

October 17, 2003.

Attorney(s) appearing for the Case

John T. Montgomery (John C. Demers & Neal M. Glazer with him) for the defendants.

Martin C. Pentz (David L. Ferrera with him) for the plaintiff.

John D. Shugrue & Paul Walker-Bright, of Illinois, for Kraft Foods North America, Inc., & another, amici curiae, submitted a brief.

Laura A. Foggan & John C. Yang, of the District of Columbia, & Richard J. Riley for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

Present: RAPOZA, SMITH, & GREEN, JJ.

RAPOZA, J.

The defendant insurers, Certain Underwriters at Lloyd's, London, and Certain London Market Insurance Companies (collectively, London), appeal from a Superior Court judgment requiring London to indemnify the plaintiff insured, Chicago Bridge & Iron Company (CBI), for environmental cleanup and litigation expenses in connection with a lumber company's processing operation, which contaminated a number of sites across the country with creosote over a period...

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