Legal Opinion
Western Alliance Insurance v. Gill
Massachusetts Supreme Judicial Court
Decided November 10, 1997PublishedCited by 53 opinions
1Opinion of the CourtGreaney, 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 by Katya Pels against the insureds, after she was exposed to carbon monoxide firmes2 while dining at the restaurant.3 Cross motions for…
2Cases cited25 opinions
- Hazen Paper Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1990
- Hakim v. Massachusetts Insurers' Insolvency FundMassachusetts Supreme Judicial Court · 1997
- West American Insurance Co. v. Tufco Flooring East, IncCourt of Appeals of North Carolina · 1991
- Regional Bank of Colorado, N.A. v. St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Tenth Circuit · 1994
- Atlantic Mutual Insurance v. McFaddenMassachusetts Supreme Judicial Court · 1992
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3Cited by53 opinions
- MacKinnon v. Truck Insurance ExchangeCalifornia Supreme Court · 2003
- Belt Painting Corp. v. TIG InsuranceNew York Court of Appeals · 2003
- Meridian Mutual Insurance Company v. Roslyn E. Kellman, Skender Bajrami, Individually and Doing Business as Kopliku Painting CompanyCourt of Appeals for the Sixth Circuit · 1999
- Brazas Sporting Arms, Inc. v. American Empire Surplus Lines InsuranceCourt of Appeals for the First Circuit · 2000
- Assicurazioni Generali, S.P.A. v. Kenneth Neil, Assicurazioni Generali, S.P.A. v. Kenneth NeilCourt of Appeals for the Fourth Circuit · 1998
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