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HIGHLANDS INSURANCE COMPANY v. AEROVOX INCORPORATED

424 Mass. 226 (1997)

HIGHLANDS INSURANCE COMPANY v. AEROVOX INCORPORATED.

Supreme Judicial Court of Massachusetts, Suffolk.

February 7, 1997.

Attorney(s) appearing for the Case

Anita Fox, of the District of Columbia (Lisa Campolo Goodheart with her) for the plaintiff.

David A. Guberman (Robert J. Muldoon, Jr., & Barbara O'Donnell with him) for the defendant.

Rosanna Sattler & Jeffrey W. Armstrong, & Laura Foggan, Robert B. Bell, & Terri A. Ecklebarger, of the District of Columbia, for Insurance Environmental Litigation Association, amicus curiae, submitted a brief.

James McGuire, & Ann V. Kramer, Sarah B. Hechtman & Ian Scheinmann, of New York, for Atlas Tack Corporation, amicus curiae, submitted a brief.

Present: WILKINS, C.J., O'CONNOR, GREANEY, & FRIED, JJ.

FRIED, J.

Highlands Insurance Company (Highlands) seeks a declaration that it has no duty to indemnify Aerovox Incorporated (Aerovox) under Aerovox's general liability insurance policy for environmental cleanup costs Aerovox agreed to pay pursuant to a consent decree with the United States Environmental Protection Agency (EPA). The policy contains an exception to its general exclusion of environmental claims by which "sudden and accidental" releases of pollutants...

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