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AUTO FLAT CAR CRUSHERS, INC. v. HANOVER INSURANCE COMPANY

SJC-11477

469 Mass. 813 (2014)

AUTO FLAT CAR CRUSHERS, INC. v. HANOVER INSURANCE COMPANY.

Supreme Judicial Court of Massachusetts, Norfolk.

October 15, 2014.

Attorney(s) appearing for the Case

Donald V. Jernberg (John J. McMaster with him) for the plaintiff.

Aaron R. White for the defendant.

The following submitted briefs for amici curiae:

John P. Ryan & Harry A. Pierce for Massachusetts Insurance Federation, Inc.

Jonathan M. Feigenbaum for United Policyholders.

J. Michael Conley, Hans R. Hailey, Thomas R. Murphy, & Danielle M. Spang for Massachusetts Academy of Trial Attorneys.

Present: IRELAND, C.J., SPINA, BOTSFORD, GANTS, DUFFLY, & LENK, JJ.

The plaintiff's insurer refused to defend or to indemnify the plaintiff in connection with an environmental dispute involving the Department of Environmental Protection (DEP). Several years later, the plaintiff, having by then funded both its own defense and the environmental remediation ordered, brought suit against the insurer, alleging...

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