Legal Opinion

Technicon Electronics Corp. v. American Home Assurance Co.

Appellate Division of the Supreme Court of the State of New York

Decided October 3, 1988PublishedCited by 92 opinions

1Opinion of the Court

OPINION OF THE COURT

Spatt, J.

On this appeal, we are asked to determine whether the intentional discharge of waste materials into waterways over a course of years by a manufacturer in the regular course of *126its business was "sudden and accidental” so as to require the appellants to defend or indemnify the plaintiff pursuant to liability insurance policies issued to the plaintiff. For the reasons that follow, we find that the intentional discharge of waste materials into the environment involved in this case was not "sudden and accidental” and, therefore, was within the express terms of the…

2Cases cited44 opinions

  1. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  2. Seaboard Surety Co. v. Gillette Co.New York Court of Appeals · 1984
  3. Waste Management of Carolinas, Inc. v. Peerless InsuranceSupreme Court of North Carolina · 1986
  4. Ruder & Finn Inc. v. Seaboard Surety Co.New York Court of Appeals · 1981
  5. International Paper Co. v. Continental Casualty Co.New York Court of Appeals · 1974

39 more not listed; retrieve them via the Exa API.

3Cited by92 opinions

  1. Maury A. Ryan, D/B/A Ryan, Klimek, Ryan Partnership v. Royal Insurance Company of America, Etc.Court of Appeals for the First Circuit · 1990
  2. Hazen Paper Co. v. United States Fidelity & Guaranty Co.Massachusetts Supreme Judicial Court · 1990
  3. Foster-Gardner, Inc. v. National Union Fire InsuranceCalifornia Supreme Court · 1998
  4. A.Y. McDonald Industries, Inc. v. Insurance Co. of North AmericaSupreme Court of Iowa · 1991
  5. Lumbermens Mutual Casualty Co. v. Belleville Industries, Inc.Massachusetts Supreme Judicial Court · 1990

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