The Ninth Circuit Court of Appeals ruled that the unique liability regime of CERCLA qualifies a request for information under the statutory scheme as a “suit” within the meaning of general liability insurance policies, thereby triggering an insurer’s duty to defend its insured. The court also held that this duty to defend continues until the EPA issues its final Record of Decision.
The insured cement company ran two of its cement plants on an Oregon Superfund Site. In 2008, the EPA sent a letter to …
Continue Reading