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Schilberg Integrated Metals Corp. v. Continental Cas. Co.

Citation: 33 ELR 20178
No. No. 16729, (Conn., 04/22/2003)

The court affirms a lower court decision that an insurer had no duty to defend a scrap metal processing and recycling company in an administrative action brought against it by the Pennsylvania Department of Environmental Resources. The company failed to meet its burden of proving the applicability of the sudden and accidental discharge exception to the pollution exclusion contained in the insurance policies. The alleged discharge of contaminants and hazardous substances at issue in this case was not sudden and accidental. Moreover, the absolute pollution exclusion in some of the policies barred coverage. In addition, the company was required to specially plead the claim about enforceability of exclusions in a timely reply to the insurers' special defenses, not in a summary judgment motion. Last, the parol evidence rule barred consideration of drafting history of pollution exclusions.

Counsel for Plaintiff
Brian P. Daniels
Brenner, Saltzman & Wallman
271 Whitney Ave., New Haven CT 06507
(203) 772-2600

Counsel for Defendants
Joel M. Fain
Morrison, Mahoney & Miller
100 Pearl St., Hartford CT 06103
(860) 616-4441