Polkow v. Citizens Insurance Co. of America

We granted leave in this case to consider an insurance contract with a pollution-exclusion clause and an exception to that exclusion where the discharge is sudden and accidental.1 In applying the definition of the "sudden and accidental” exception to this case, we recognize that the insurance contract contains a duty-to-*178defend clause.2 Thus, the insurer has a duty to defend against any claim where coverage is even arguable, even where the claim may be groundless or frivolous. The posture of the case is one of summary disposition; there has been no fact finding, and there is, at the very…