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Duty to defend

Louisiana Generating L.L.C. v. Illinois Union Insurance Co.

The Fifth Circuit held that under New York law, an insurance company has a duty to defend a power company in an underlying lawsuit filed against it by EPA and Louisiana's environmental agency for alleged CAA and state law violations....

Indiana Farm Bureau Insurance Co. v. Harleysville Insurance Co.

An Indiana appellate court reversed and remanded a lower court decision that an insurer need not defend and indemnify a service station owner in underlying state administrative proceedings concerning the environmental remediation of...

AES Corp. v. Steadfast Insurance Co.

A Virginia appellate court held that under Virginia law, an insurer has no duty to defend or indemnify an energy company in an underlying lawsuit brought by a native Alaskan village for damages allegedly caused by global warming...

Erie Insurance Exchange v. Imperial Marble Corp.

An Illinois appellate court held that an insurer has a duty to defend a manufacturing company in an underlying lawsuit filed against it by nearby homeowners for personal injury and property damage stemming from emissions generated as...

Ulta Salon, Cosmetics & Fragrance, Inc. v. Travelers Property Casualty Co. of America

A California appellate court held that an insurance company has no duty to defend or indemnify a cosmetics company in an underlying...

House of Clean, Inc. v. St. Paul Fire and Marine Insurance Co.

A district court held that an insurer has no duty to defend or indemnify a dry cleaner for PCE pollution stemming...

Bradley v. Continental Insurance Co.

A district court held that an insurance company must defend its insured in an underlying case involving minors' exposure to...

Prime Tanning Co. v. Liberty Mutual Insurance Co.

A district court held that an insurer has no duty to defend or indemnify a leather tanning company in underlying lawsuits brought by farmers who used sludge from the company's tanning activities as fertilizer. The sludge, which the...

Ash Grove Cement Co. v. Liberty Mut. Ins. Co.

A district court held that a request for information from EPA to a cement company under CERCLA §104(e) constitutes a "suit" under the terms of the company's insurance policies, thereby triggering the insurers' duty to defend. Under...

United States v. Clark

A district court held that under Illinois law, an insurer has a duty to defend the former owner of the South Green Plating Superfund site in Chicago, Illinois, in an underlying CERCLA case concerning the reimbursement of U.S. response...