Timothy Creamer & another1 vs. Arbella Insurance Group., 95 Mass. App. Ct. 56

Summary

HOLDINGS: [1]-Home buyers' Mass. Gen. Laws Ann. ch. 21E, claim against the home sellers' insurer did not depend on misconduct on the sellers' part because ch. 21E was a strict liability statute. The injury derived from the initial, accidental release of oil while the sellers owned the home— which was an "occurrence" under the policy; [2]-The complaint claimed covered damages because it plainly alleged that the buyers incurred property damage and cleanup costs as a result of the spill; [3]-While the original complaint alleged that the sellers knew about the spill prior to the sale of the property, it was silent as to the date of discovery. Because a genuine issue of material fact thus existed, remand was required for a determination of what portion of the buyers' ch. 21E damages fell outside a policy exclusion for damage expected or intended by the insured.