Insurer's Dirty to Defend Triggered By EPA Superfund Information Request

摘要

An insurer's duty to defend was triggered when the Environmental Protection Agency sent a Super-fund information request to its policyholder, the Ninth Circuit ruled (Ash Grove Cement Co. v. Liberty Mut. Ins. Co., 2016 BL 149948, 9th Cir., No. 13-35900, 5/11/15). A Superfund information request is a "suit" triggering the defense duty under Oregon law, the court said, citing its decision in Anderson Bros., Inc. v. St. Paul Fire & Marine Ins. Co. (729 F.3d 923 (9th Cir. 2013)).