Shapiro v. Public Service Mutual Insurance

Oil leaked from the plaintiff Shapiro’s underground fuel tank and found its way into the surrounding waterways. The Commonwealth, under G. L. c. 21, § 27(14), as appearing in St. 1979, c. 546, § 3, required Shapiro to assume responsibility for cleaning up the spill, a costly endeavor. Shapiro filed a claim under his comprehensive liability insurance policy with the defendant insurer (Public Service). When Public Service disclaimed coverage under the pollution exclusion clause of the policy, Shapiro brought this action, seeking recovery on the policy and alleging violations of G. L. c. 93A, §…