• Ninth Circuit Finds that Letters from the EPA Can Qualify as a "Suit" Under CGL Policy, Sufficient to Trigger Insurer’s Duty to Defend
  • October 14, 2013
  • Law Firm: Morris Polich Purdy LLP - Los Angeles Office
  • Stating its concern that “insurance coverage should not depend on whether the EPA may choose to proceed with its administrative remedies or go directly to litigation,” the Ninth Circuit has found that letters to a property owner from the EPA regarding contamination cleanup at a Superfund site and identifying the owner as a potentially responsible party (PRP) under CERCLA, can constitute a “suit,” sufficient to trigger an insurer’s duty to defend, pursuant to Oregon law. (Anderson Bros., Inc. v. St. Paul Fire & Marine Ins. Co., 2013 WL 4615055 (9th Cir. August 30, 2013).)