Legal Opinion

Clean Harbors Environmental Services, Inc. v. Boston Basement Technologies, Inc.

Massachusetts District Court, Appellate Division

Decided February 26, 2008Published

1Opinion of the CourtBarrett, J.

This is an appeal by third-party plaintiff Boston Basement Technologies, Inc. (“Boston Basement”) of the allowance of summary judgment in favor of its insurer, third-party defendant Admiral Insurance Company (“Admiral”). Boston Basement sued Admiral after it had refused to defend or indemnify Boston Basement when it was sued in this action for the recovery of cleanup costs. In allowing Admiral’s summary judgment motion, the trial court held that Boston Basement’s claim for coverage fell outside the exception to the pollution exclusion clause in its insurance policy. We agree, and affirm the…

2Cases cited15 opinions

  1. Hazen Paper Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1990
  2. Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
  3. Citation Insurance v. GomezMassachusetts Supreme Judicial Court · 1998
  4. Lumbermens Mutual Casualty Co. v. Offices Unlimited, Inc.Massachusetts Supreme Judicial Court · 1995
  5. Jefferson Insurance Co. of New York v. City of HolyokeMassachusetts Appeals Court · 1987

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