New York Court of Appeals
Northville Industries Corporation, Appellant v. National Union Fire Insurance Company of Pittsburgh, Pa.…
March 25, 199789 N.Y.2d 621
Summary
The Court affirmed the Appellate Division's ruling that the insurers were not obligated to defend or indemnify the plaintiff because the gasoline releases did not satisfy the “sudden and accidental” exception to the pollution exclusion. The Court construed “sudden” to require an abrupt discharge of a significant quantity of pollutant within a short time, and found the alleged leaks were continuous over years, thus not sudden.