In a significant decision concerning the preclusive effect of a declaratory judgment regarding insurance coverage, the First Circuit Court of Appeals recently found in Andrew Robinson International, Inc. v. Hartford Fire Insurance Co. that a final judgment in a declaratory judgment action does not bar a subsequent suit for damages.1 The plaintiffs in the original action shared an office that was badly damaged when the occupant of a neighboring unit negligently discharged lead-laden dust into the plaintiffs’ unit.2

The plaintiffs thus filed a first-party claim against its insurer, Hartford Fire Insurance Co.; and, relying on its pollution exclusion, Hartford denied the claim.3 The plaintiffs then filed a complaint for declaratory judgment in the state court seeking a declaration of their rights under the insurance policy.4 A Massachusetts Superior Court ruled that the dust discharge did not constitute pollution, and, therefore, did not trigger the policy exclusion.5

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