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Held not triggered by

John Sexton Sand & Gravel Corp. v. National Union Fire Insurance Co.

A district court held that an insurance company need not defend the owner of a landfill in an underlying CERCLA suit for recovery costs. The policy provided coverage for "wrongful entry," and the owner argued this provision applied...

Land O'Lakes v. Employers Insurance Co. of Wausau

The Eighth Circuit affirmed a lower court decision that insurers had no duty to defend or indemnify an oil refinery in an underlying CERCLA lawsuit filed against it by EPA. EPA sent the refinery a letter in 2001 notifying it that it was...

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...

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,...

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...

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...

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...

American Ins. Co. v. Fairchild Indus., Inc.

The court holds that insurers have no duty to indemnify or defend an insured against Comprehensive Environmental Response, Compensation, and Liability Act and state-law claims brought by New York State for remediation of contamination...