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MADISON CONST. v. HARLEYSVILLE MUT. INS.

557 Pa. 595 (1999)

735 A.2d 100

MADISON CONSTRUCTION COMPANY, Appellant, v. The HARLEYSVILLE MUTUAL INSURANCE COMPANY, Nicholas Ezzi, Brian Murtaugh, Kelran Associates, Inc., and Euclid Chemical Company, Appellees.

Supreme Court of Pennsylvania.

Decided July 27, 1999.

Reargument Denied October 8, 1999.

Attorney(s) appearing for the Case

Alan Greenberg, Philadelphia, JoAnne Eskin Sutkin, Mount Laurel, for Madison Const. Co.

Lee M. Epstein, Philadelphia, for Amicus-Betz Laboratories, Inc.

William T. Salzer, Philadelphia, for Harleysville Mut. Ins. Co.

Steven R. Waxman, Philadelphia, for Elucid Chemical Co.

Alfred V. Altopiedi, Philadelphia, for Nicholas Ezzi.

Andrew A. Borek, Philadelphia, for Brian Burtaugh and Kelran Associates, Inc.

Edward M. Dunham, Jr., Philadelphia, for Amicus-Aetna Cas. and Sur. Co.

David E. Sandel, Jr., Philadelphia, for Amicus-Ins. Environmental Law Ass'n.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

SAYLOR, Justice.

The issue in this declaratory judgment action is whether a pollution exclusion clause in a policy of commercial general liability insurance issued to Appellant, Madison Construction Company ("Madison"), by Appellee, Harleysville Mutual Insurance Company ("Harleysville"), relieves Harleysville of its obligation to defend Madison in an underlying personal injury action. We conclude, as did the en banc Superior Court,...

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