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Refuse Collector Must Pay for Damage
SCA Services, a refuse collector, was sued by the state of New York and the town of Tusten for damages caused when hazardous waste leached out of a landfill SCA used in 1973 and 1974 for industrial and chemical wastes. The site was near private homes and property, a well that provided drinking water to Tusten's inhabitants, and the Delaware River, which furnished water to communities in Pennsylvania and New Jersey. SCA had several comprehensive general liability (CGL) policies, which, however, excluded property damages arising out of pollution except for “sudden and accidental” damage. One of the insurers sought a declaration that it was not obligated to defend or indemnify SCA. The trial court ruled for SCA. The insurers appealed to the Appeals Court; however, the Supreme Judicial Court transferred the case on its own initiative. The trial court decision was reversed and the insurers were held not liabile.
Refuse Collector Must Pay for Damage
SCA Services, a refuse collector, was sued by the state of New York and the town of Tusten for damages caused when hazardous waste leached out of a landfill SCA used in 1973 and 1974 for industrial and chemical wastes. The site was near private homes and property, a well that provided drinking water to Tusten's inhabitants, and the Delaware River, which furnished water to communities in Pennsylvania and New Jersey. SCA had several comprehensive general liability (CGL) policies, which, however, excluded property damages arising out of pollution except for “sudden and accidental” damage. One of the insurers sought a declaration that it was not obligated to defend or indemnify SCA. The trial court ruled for SCA. The insurers appealed to the Appeals Court; however, the Supreme Judicial Court transferred the case on its own initiative. The trial court decision was reversed and the insurers were held not liabile.
Refuse Collector Must Pay for Damage
01.02.1993
1 pages
Aufsatz (Zeitschrift)
Elektronische Ressource
Englisch
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