Polaroid Corp. v. Rollins Environmental Services

624 N.E.2d 959 (1993)

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Polaroid Corp. v. Rollins Environmental Services

Supreme Judicial Court of Massachusetts
624 N.E.2d 959 (1993)

Facts

Polaroid Corp. and Occidental (P & O) (plaintiffs) entered into agreements with Rollins Environmental Services (Rollins) (defendant) in which Rollins agreed to provide waste disposal services for P & O. By the terms of both agreements Rollins agreed to abide by federal, state, and local environmental regulations and to indemnify P & O for any liability arising from Rollins’s performance. During the course of doing business with P & O, Rollins sometimes stored P & O’s waste materials in a "tank farm" until Rollins's facility was able to process the waste. Several hazardous waste spills occurred there, and the United States Environmental Protection Agency (EPA) notified P & O that, as waste generators, they were potentially responsible parties under the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and would be held jointly and severally liable for investigation and remediation costs incurred by the government. P & O brought suit when Rollins refused to indemnify them for the costs. The court granted summary judgment to P & O. Rollins appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

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