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Duty to defend

Olin Corp. v. Insurance Co. of N. Am.

The court holds that insurers are not obligated to defend or indemnify a manufacturing company for the costs of environmental remediation efforts undertaken at three of its manufacturing and waste disposal sites or for the costs of...

Associated Aviation Underwriters, Inc. v. Purex Indus., Inc.

The court reverses a trial court opinion that an insurer did not have a duty to defend or indemnify a company whose predecessor was covered by the insurer. After a series of mergers and acquisitions, the present company was formed and...

Indiana Lumbermens Mut. Ins. Co. v. West Or. Wood Prods., Inc.

The court affirmed a district court holding that pollution exclusion clauses in two comprehensive general liability policies issued by an insurer to an Oregon lumber company precluded the insurer's duty to defend the company from a...

Kazi v. State Farm Fire & Cas. Co.

The court holds that an insurer providing a liability policy that covers damage to tangible property on the insureds' premises has no duty to defend the insureds in an easement dispute. The dispute arose after the insureds graded an...

M/G Transp. Servs., Inc. v. Water Quality Ins. Syndicate

The court upholds the dismissal of a transporter company's claim that its insurer breached its duty under a marine insurance policy to defend and indemnify the company in a qui tam action brought under the False Claims Act (FCA...

K.F. Dairies, Inc. & Affiliates v. Fireman's Fund Ins. Co.

The court, applying California law, holds that an insurer had a duty to defend an insured in an underlying Comprehensive Environmental, Compensation, and Liability Act groundwater contamination suit when the damage occurred during the...

Maryland Casualty Co. v. W.R. Grace & Co.

The court upholds a magistrate judge decision that later settling insurers are not obligated to contribute to defense costs paid by insurers that settled earlier with an insured manufacturer involved in asbestos litigation. The court...

Guaranty Nat'l Ins. Co. v. Azrock Indus. Inc.

The court, interpreting Texas law, holds that exposure to asbestos is the event that triggers an insurer's duty to defend in asbestos personal injury cases under a uniform comprehensive general liability policy and, therefore, reverses...

TIG Ins. Co. v. MECO Constructors, Inc.

The court holds that an insurer has no duty to insure or indemnify a construction company being sued as a third-party defendant for disposing of toxic and/or hazardous waste. The court first holds that it need not choose between the...

Red Arrow Prods. Co. v. Employers Ins. of Wausau

The court holds that an insurer need not indemnify or defend a food flavoring company under insurance policies issued to the company's predecessor for claims arising out of the company's liability at a national priorities list site. The...