'Umbrella' Insurer Shares Duty to Defend Portland Harbor Superfund Cleanup Claims

摘要

An "umbrella" insurer for environmental contamination claims at the Portland Harbor Superfund Site in Oregon shares a duty to defend those claims with other insurers, the Ninth Circuit ruled May 13 in an unpublished decision (Northwest Pipe Co. v. RLI Ins. Co., 2016 BL 153352, 9th Cir., No. 14-35542, unpublished decision 5/13/16). RLI Insurance Co., as a gap insurer, contended its duty to defend Northwest Pipe Co. hadn't kicked in because of the existence of two primary insurers, ACE Property & Casualty Insurance Co. and Employers Insurance of Wassau.