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Duty to defend

Teck Metals, Ltd. v. Certain Underwriters at Lloyd's, London

A district court held that response costs a Canadian zinc producer incurred pursuant to a settlement agreement with EPA constitute "damages" under its insurance policies. Although the remedial investigation and feasibility study (RI/FS...

Johnson Controls, Inc. v. London Mkt.

The Wisconsin Supreme Court held that an insurance company must defend a manufacturing company in an underlying contamination case even though the company's policy was a indemnity-only excess umbrella policy. Based on the language of...

Douglas Ridge Rifle Club v. St. Paul Fire & Marine Ins. Co.

A district court held that an insurance company has a duty to defend a shooting range operator in an underlying CWA, RCRA, and nuisance lawsuit concerning the discharge of lead shot into the environment. The duty to defend arises when...

Whitaker Corp. v. American Nuclear Insurers

A district court held that an insurance company has a duty to defend the former owners and operators of a nuclear waste facility in EPA's CERCLA action against them for remediation costs associated with the site. The policy contained an...

Sunoco, Inc. v. Illinois Nat'l Ins. Co.

A district court held that certain consulting costs an oil company incurred in mitigating and remediating a methyl tertiary butyl ether spill in Fort Montgomery, New York, do not qualify as defense costs immediately reimbursable from...

Barrett Paving Materials, Inc. v. Continental Ins. Co.

The court upheld summary judgment against one insurance company and in favor of another insurance company in a dispute concerning the insurers' duties to defend a manufacturer against a third-party complaint for environmental cleanup...

Cinergy Corp. v. Associated Elec. & Gas Ins. Servs., Ltd.

The court held that a lower court properly denied power companies' motions to compel their insurer to pay all past and future defense costs incurred in responding to a federal lawsuit under the Clean Air Act. The underlying claim,...

Primrose Operating Co. v. National Am. Ins. Co.

The Fifth Circuit upheld a district court decision holding that an insurer had a duty to defend an oil company in an underlying suit in which the company was alleged to have polluted a nearby ranch. The insurance contract contained a...

Schilberg Integrated Metals Corp. v. Continental Cas. Co.

The court affirms a lower court decision that an insurer had no duty to defend a scrap metal processing and recycling company in an administrative action brought against it by the Pennsylvania Department of Environmental Resources. The...

Coltec Indus. Inc. v. Zurich Ins. Co.

The court holds that a manufacturer that lost its original insurance policies from 1963 to 1965 provided sufficient secondary evidence to prove that the terms of the policies required the insurer to defend and indemnify the manufacturer...