State v. Pawtucket Mutual Insurance

OPINION OF THE COURT

Harold J. Hughes, J.

The motion of the defendant for summary judgment will be denied.

The complaint alleges that on June 1, 1984, fuel oil spilled from an oil tank located in the cellar of a residence owned by Beatrice Bonesteel. It is alleged that Mrs. Bonesteel had a homeowner’s insurance policy issued by the defendant. It is *1042alleged that the State through its Environmental Protection and Spill Compensation Fund expended $3,415.77 to clean up the oil spill and that the defendant is strictly liable to reimburse the State for that sum.

The record discloses that a sewer line…