· 6/14/1990
Hazen Paper Co. v. United States Fidelity & Guaranty Co.
Citations
- 555 N.E.2d 576
- 407 Mass. 689
- 20 Envtl. L. Rep. (Envtl. Law Inst.) 21457
- 32 ERC (BNA) 1690
- 1990 Mass. LEXIS 279
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that costs for removal of 115 drums of hazardous materials were not covered because no damage had occurred, but that costs for a government-ordered cleanup of spilled hazardous materials were \damages\ and therefore covered
- holding that costs for removal of 115 drums of hazardous materials were not covered because no damage had occurred, but that costs for a government-ordered cleanup of .spilled hazardous materials were “damages” and therefore covered
- explaining that it is “appropriate, in construing an insurance policy, to consider what an objectively reasonable insured, reading the relevant policy language, would expect to be covered”
- stating that if there are two rational interpretations of policy language, insured is entitled to benefit of the one that is more favorable to it
- finding that although EPA PRP letter sought to “discuss [insured’s] voluntary involvement” it constituted a “suit” and adding that “[i]t would be naive to characterize the EPA letter as a request for voluntary action”
- finding that “damages” in an insurance policy covered costs of environmental cleanup
Source: CourtListener parenthetical corpus (CC0).
Judges: Liacos, Wilkins, Abrams, Lynch, Greaney
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.