Legal Opinion
Technicon Electronics Corp. v. American Home Assurance Co.
New York Court of Appeals
Decided June 30, 1989PublishedCited by 255 opinions
1Opinion of the Court
OPINION OF THE COURT
Bellacosa, J.
We agree with the Appellate Division that plaintiff Technicon is not entitled to be provided a defense by defendants insurers because the pollution exclusion from coverage provision in the applicable primary comprehensive general liability insurance policy is unambiguously plain and operative. The alleged wrongdoing in the underlying personal injury action, in which Technicon was sued and for which, as plaintiff in this action, it seeks a declaration of rights against the insurers, consisted of intentional, long-term discharge of toxic *72waste chemicals from…
2Cases cited4 opinions
- Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
- International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974
- McGroarty v. Great American InsuranceNew York Court of Appeals · 1975
- Allstate Insurance v. Klock Oil Co.Appellate Division of the Supreme Court of the State of New York · 1980
3Cited by255 opinions
- Continental Casualty Co. v. Rapid-American Corp.New York Court of Appeals · 1993
- Fitzpatrick v. American Honda Motor Co.New York Court of Appeals · 1991
- Consolidated Edison Co. of New York, Inc. v. Allstate InsuranceNew York Court of Appeals · 2002
- Queen City Farms, Inc. v. Central Nat'l Ins. Co. of OmahaWashington Supreme Court · 1995
- Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
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