Andrew Robinson International, Inc. v. Hartford Fire Insurance

Borenstein, Isaac, J.

INTRODUCTION

This case arises out of a dispute involving an insurance contract. The plaintiffs seek declaratory judgment that the pollution exclusion in their insurance policy issued by the defendant does not bar coverage for their property damage caused by dust containing lead generated by a negligent third party. The defendant contends that lead is a pollutant and thus coverage is barred by the pollution exclusion. This matter is before the court on cross motions for summary judgment pursuant to Mass.R.Civ.P. 56, filed by all parties to the suit. For the reasons set…