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McGREGOR v. ALLAMERICA INSURANCE COMPANY

449 Mass. 400 (2007)

THOMAS McGREGOR v. ALLAMERICA INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Worcester.

July 10, 2007.

Attorney(s) appearing for the Case

John P. Graceffa (Richard W. Jensen with him) for the defendant.

David M. Nickless for the plaintiff.

Scott J. Nathan, for Commerce Insurance Company, amicus curiae, was present but did not argue.

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

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, & CORDY, JJ.

IRELAND, J.

This case involves whether a spill of home heating oil falls within the scope of a pollution exclusion in a commercial general liability policy. The plaintiff, Thomas McGregor, doing business as McGregor Heating & Air Conditioning, seeks to invoke the duty of the defendant, Allamerica Insurance Company (Allamerica), to defend him in a suit stemming from work done for Peter and Susan Staecker. In that underlying...

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