GENERAL CASUALTY INSURANCE COMPANY v. KERR HEATING PRODUCTS


48 A.D.3d 512 (2008)

852 N.Y.S.2d 257

GENERAL CASUALTY INSURANCE COMPANY, Respondent, v. KERR HEATING PRODUCTS et al., Appellants, et al., Defendant.

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

Decided February 13, 2008.


Ordered that the order is affirmed insofar as appealed from, with costs.

In December 1998 James Spillane and Deborah Spillane, the plaintiff's insureds, had an oil tank installed at property which they owned in Islip. In or about June 2002 they detected an odor emanating from the tank and it was thereafter discovered that the tank was leaking and discharging oil into the soil and groundwater. The appellants Kerr Heating Products and Parrsboro Metal Fabricators, Ltd...

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