ELR Citation: ELR 20930
No(s). 89-7954 (2d Cir. May 17, 1990)

The court holds that an insured manufacturer's intentional and continuous dispersal of pollutants into sewer lines, a sewage treatment facility, and town landfill falls within the pollution exclusion provision of the manufacturer's general liability insurance policy. The manufacturer's activities were not sudden and accidental, as required for coverage under its policy, since releases took place from 1977 to 1983. The manufacturer's purposeful conduct that resulted in the present pollution damage can thus not be considered accidental.

Counsel for Appellant
James J. Duane, Terrence M. Connors
Connors & Vilardo
Old City Court Bldg., Ste. 710, 42 Delaware Ave., Buffalo NY 14202
(716) 852-5533

Counsel for Appellee
Laura A. Foggan, Thomas W. Brunner, Frederick S. Ansell
Wiley, Rein & Fielding
1776 K St. NW, Washington DC 20006-2359
(202) 429-7000

Thomas F. Segalla, Richard A. Galbo, Laurence D. Behr
Saperston & Day
Goldome Ctr., One Fountain Plaza, Buffalo NY 14203-1486
(716) 856-5400

Before Feinberg and Miner, JJ.