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Appellate Law

: Appellate Law and Practice

CA1: no duty to defend against environmental suit as home heating oil is a pollutant

By S. COTUS

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Nascimento v. Preferred Mutual Insurance Company, No. 07-1792 affirms a declaratory judgment action dealing with my favorite subject, insurance coverage.  The plaintiff wants the court to say that the insurance company has to defend him in an environmental lawsuit brought by his neighbors.  Following Massachusetts law, the First finds that the ?total pollution exclusion bars coverage.?  The First differ on what part of the exclusion bars coverage, and looks to dictionaries to define words like ?occupy.?

Full post as published by Appellate Law and Practice on January 18, 2008 (boomark / email).

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