Legal Opinion

Ead Metallurgical, Inc. v. Aetna Casualty & Surety Co.

Court of Appeals for the Second Circuit

Decided May 17, 1990No. 763, Docket 89-7954PublishedCited by 12 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

This is another case of the same sort as Avondale Industries, Inc. v. Travelers Indemnity Company, 887 F.2d 1200 (2d Cir.1989), reh’g denied, 894 F.2d 498 (2d Cir.1990) (per curiam), cert. denied, — U.S. -, 110 S.Ct. 2588, 110 L.Ed.2d 269 (1990), that seeks construction of the elusive pollution exclusion in general liability insurance policies which exempts coverage for pollution damage that is not both “sudden and accidental.” Here unlike Avon-dale we hold that — because the insured’s dispersal of pollutants was intentional and continuous — coverage was excluded…

2Cases cited3 opinions

  1. Delaware & Hudson Railway Company v. Consolidated Rail CorporationCourt of Appeals for the Second Circuit · 1990
  2. A. Meyers & Sons Corp. v. Zurich American Insurance GroupNew York Court of Appeals · 1989
  3. Powers Chemco, Inc. v. Federal InsuranceNew York Court of Appeals · 1989

3Cited by12 opinions

  1. Dacruz v. State Farm Fire & Casualty Co.Supreme Court of Connecticut · 2004
  2. American Motorists Insurance Company v. General Host Corporation & American Salt Company, Inc.Court of Appeals for the Tenth Circuit · 1991
  3. Middlesex Insurance v. MaraDistrict Court, D. Connecticut · 2010
  4. Ethicon, Inc. v. Aetna Casualty & Surety Co.District Court, S.D. New York · 1990
  5. Lapeka, Inc. v. Security Nat. Ins. Co., Inc.District Court, D. Kansas · 1993

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