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WESTERN ALLIANCE INSURANCE COMPANY v. GILL

426 Mass. 115 (1997)

WESTERN ALLIANCE INSURANCE COMPANY v. JARNAIL SINGH GILL & others.

Supreme Judicial Court of Massachusetts, Middlesex.

November 10, 1997.

Attorney(s) appearing for the Case

Rodney E. Gould (Craig S. Harwood with him) for Katya Fels.

Owen P. McGowan for the plaintiff.

Laura A. Foggan, Daniel E. Troy, Cara B. Moylan, of the District of Columbia, & Rosanna Sattler, for the Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

Irene Warshauer & Whitman G.S. Knapp, of New York, & Amy Bach, of California, for United Policyholders, amicus curiae, submitted a brief.

Present: (SITTING AT LOWELL): WILKINS, C.J., ABRAMS, LYNCH, GREANEY, MARSHALL, & IRELAND, JJ.

GREANEY, J.

The plaintiff, Western Alliance Insurance Company (Western Alliance), commenced an action in the Superior Court seeking a declaration that, under the "pollution exclusion" provision in its general liability policy, it was not obligated to defend or indemnify its insureds, the owners and operators of a restaurant in Cambridge known as the India Gate Restaurant. The declaratory judgment proceedings were triggered by an action in tort and contract brought...

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