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Held applicable in

Olin Corp. v. Insurance Co. of North America

A district court held that a manufacturing company is entitled to $1.7 million in litigation costs from its insurer in an underlying 2003 lawsuit concerning hazardous waste contamination at one of the company's properties stemming from...

Pacific Hide & Fur Depot v. Great American Insurance Co.

A district court held that an insurance company breached its duty to defend a steel company in an underlying contribution case under Montana's Comprehensive Environmental Cleanup and Responsibility Act (CERCA) stemming from the company'...

Arrowood Indemnity Co. v. Bel Air Mart

A district court held that an insurance company has a duty to defend a commercial property owner in an underlying action concerning contamination from property it leased to a dry cleaning business. The owner discovered the contamination...

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....

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...

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...

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...

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...