Superfund Counterclaim Constitutes Lawsuit, Triggers Insurance Company's Duty to Defend

摘要

A Superfund counterclaim triggers an insurer's duty to defend because the claim is viable as an independent lawsuit under state law, a federal court in California ruled Feb. 23 (Haskins v. Emp'rs Ins. of Was-sau, 2015 BL 22324, N.D. Cal., No. 14-cv-01671, 2/23/15). The counterclaim could have been brought as a stand-alone action against the policyholder under the Comprehensive Environmental Response, Compensation, and Liability Act, and that was enough to trigger the insurer's duty to defend under California law, the U.S. District Court for the Northern District of California said.