KEN'S FOODS, INC. v. STEADFAST INSURANCE COMPANY

SJC-13303.

491 Mass. 200 (2023)

KEN'S FOODS, INC. v. STEADFAST INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

January 6, 2023.


Attorney(s) appearing for the Case

Lawrence G. Green ( Gregory S. Paonessa also present) for the plaintiff.

Jeffrey E. Dolan for the defendant.

Michael S. Levine , Nicholas D. Stellakis , & Janine A. Hanrahan , for United Policyholders, amicus curiae, submitted a brief.

Mary-Caitlin Ray , for Complex Insurance Claims Litigation Association & others, amici curiae, submitted a brief.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.


After a wastewater treatment system at its manufacturing facility malfunctioned, Ken's Foods, Inc. (Ken's Foods), sought recovery from Steadfast Insurance Company (Steadfast) for various costs it incurred, claiming coverage under its pollution liability policy. Ken's Foods's policy covered necessary cleanup costs, including "emergency...

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