Upjohn Co. v. New Hampshire Insurance

In this case, we are asked to interpret and apply the pollution-exclusion clause found in the comprehensive general liability policy of All*201state Insurance Company.1 The resolution of this issue requires us to answer two questions: (1) is the phrase "sudden and accidental” which appears in the pollution-exclusion clause and which creates an exception to the exclusion, unambiguous, and (2), if unambiguous, what is the proper meaning of the phrase "sudden and accidental.”

We hold that the phrase "sudden and accidental” is unambiguous. Furthermore, we find that the definition of "sudden” includes…