A notice to a party that it's potentially liable under Montana's state Superfund law constitutes a "suit," triggering an insurer's duty to defend, the U.S. District Court for the District of Montana has ruled (Pac. Hide & Fur Depot v. Great Am. Ins. Co., 2014 BL 144370, D. Mont., No. 12-CV-36, 5/23/14).rnThe court May 23 denied an insurer's argument that a letter from Montana's Department of Environmental Quality notifying a company that it was a potentially liable party (PLP) was only a potential claim and that a complaint must be filed to trigger insurance coverage. While the Montana Supreme Court hasn't ruled on the issue, the court cited the Ninth Circuit's ruling, in Aetna Cos. and Sur. Co. Inc. v. Pintlar Corp., 948 F.2d 1507 (9th Cir. 1991), that a letter from the Environmental Protection Agency notifying a party of its potential liability under the federal Superfund law triggers an insurer's duty to defend.
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