A-One Oil Company vs. The Massachusetts Bay Insurance Company
Year: 1997
Court: New York State Court of Appeals
Case Number: 95-4397
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.
UP’s brief was written pro bono by Irene C. Warshauer, Esq. and David Roland, Esq. of Anderson Kill & Olick, PC, and Amy Bach, Esq.