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Duty to defend

Employers Ins. of Wausau v. Duplan Corp.

The court holds that under New York law, insurers are not obligated to defend and indernnify a clothing manufacturer from private and government damage claims stemming from contamination at the manufacturer's New York and Virgin Islands...

Royal Ins. Co. of Am. v. Kirksville College of Osteopathic Med.

Applying Missouri law, the court holds that insurers had a duty to defend a college in a trespass claim against its neighbor. The neighbor filed negligence and trespass claims against the college after the college punctured an...

Compass Ins. Co. v. Littleton, City of

The court holds that insurers have a duty to defend two cities that disposed of sewage sludge at a landfill that became a Comprehensive Environmental Response, Compensation, and Liability Act (CER-CLA) site. The court first holds that...

National Elec. Mfrs. Ass'n v. Gulf Underwriters Ins. Co.

The court holds that an excess insurer did not have a duty to defend a trade association against negligence claims arising from standards the association set for its members' use of manganese in welding rods. A group of welders had sued...

Hawkins Chem., Inc. v. Westchester Fire Ins. Co.

The court holds that two insurance companies breached their duty to defend a chemical distributor in a class action alleging personal injuries caused by toxic fumes from a warehouse fire. The court first holds that a pollution exclusion...

Liberty Mut. Ins. Co. v. FAG Bearings Corp.

The court affirms a district court decision holding that an insurer has no duty to indemnify a manufacturer for costs incurred in response to claims alleging trichloroethylene (TCE) contamination due to leaking equipment. The court...

Paul Oil Co. v. Federated Mut. Ins. Co.

The court holds that an insurance company has no duty to defend or indemnify a property owner in a suit alleging gasoline contamination of an adjacent property. The court first holds that the insurance company was liable only for claims...

Foster-Gardner, Inc. v. National Union Fire Ins. Co. of Pittsburgh

The court holds that a state environmental agency order notifying an insured that it is a potentially responsible party (PRP) for pollution and requiring remediation is not a "suit" triggering insurers' duty to defend under...

Guaranty Nat'l Ins. Co. v. Vic Mfg. Co.

The court holds that the insurer of a dry cleaning equipment manufacturer has no duty-to-defend the manufacturer for claims arising out of perchloroethylene (perc) contamination caused by the equipment. The court first notes that...

Aerojet-General Corp. v. Transport Indem. Co.

The court holds that a chemical company's site investigation expenses, incurred during several private and government actions resulting from the company's hazardous waste discharges, may constitute defense costs under its comprehensive...