Technicon Electronics Corporation v. American Home Assurance Company Et Al‪.‬

[74 N.Y.2d 66 Page 71] Opinion OF THE COURT We agree with the Appellate Division that plaintiff Technicon is not entitled to be provided a defense
by defendants insurers because the pollution exclusion from coverage provision in the applicable primary comprehensive general
liability insurance policy is unambiguously plain and operative. The alleged wrongdoing in the underlying personal injury
action, in which Technicon was sued and for which, as plaintiff in this action, it seeks a declaration of rights against the
insurers, consisted of intentional, long-term discharge of toxic [74 N.Y.2d 66 Page 72]