LUMBERMENS MUT. v. BELLEVILLE INDUSTRIES

Nos. 91-1129, 91-1130.

938 F.2d 1423 (1991)

LUMBERMENS MUTUAL CASUALTY CO., Plaintiff, Appellee, v. BELLEVILLE INDUSTRIES, INC., Defendant, Appellant. LUMBERMENS MUTUAL CASUALTY CO., Plaintiff, Appellant, v. BELLEVILLE INDUSTRIES, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided July 16, 1991.

Rehearing and Rehearing Denied August 28, 1991.


Attorney(s) appearing for the Case

T. Andrew Culbert, with whom Stephen F. Brock, Paul Saint-Antoine, Drinker Biddle & Reath, Philadelphia, Pa., Michael S. Greco, Lisa D. Campolo, and Hill & Barlow, Boston, Mass., were on brief, for Lumbermens Mut. Cas. Co.

Thomas W. Brunner, Carol A. Laham, Carol Barthel, Stephen P. Keim, and Wiley, Rein & Fielding, Washington, D.C., on brief, for amicus curiae Ins. Environmental Litigation Ass'n.

David A. McLaughlin, with whom Mary Alice McLaughlin, Michael J. McGlone, Noreen M. McKenna, and McLaughlin & Folan, P.C., New Bedford, Mass., were on brief, for Belleville Industries, Inc.

Thomas L. Crotty, Jr., Peter J. Kalis, Thomas M. Reiter, James R. Segerdahl, and Kirkpatrick & Lockhart, Pittsburgh, Pa., on brief, for amicus curiae United Technologies Corp.

Before TORRUELLA, Circuit Judge, and COFFIN and BOWNES, Senior Circuit Judges.


Rehearing and Rehearing en banc Denied August 28, 1991.

COFFIN, Senior Circuit Judge.

The question we decide on this appeal is whether a company's general liability insurance policy, which excludes coverage for property damage caused by pollution, nevertheless provides coverage in this particular case under the policy's exception for "sudden and accidental" polluting events. Throughout the four-year period in which the relevant policies were in effect, the...

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