A-One Oil Company vs. The Massachusetts Bay Insurance Company
Year 1997
Court New York State Court of Appeals
Case Number 95-4397
  • Pollution Exclusion and Coverages
  • New York

Insurance company should not be able to avoid its duty to defend and indemnify based on a pollution exclusion when damage sustained was result of replacement of an old heater in a private residence. Exclusion, as applied does not meet reasonable expectations of insured.