• Texas Sides with a Majority of other States in Finding an EPA Administrative Proceeding Triggers an Insurer’s Duty to Defend, Making California’s Contrary Position an even Smaller Minority Stance
  • November 6, 2015 | Author: Hubert T. Lee
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • On June 26, 2015, the Texas Supreme Court in McGinnes Industrial Maintenance Corp. v. The Phoenix Insurance Co., No. 14-0465, (Tex., June 26, 2015) held that an EPA enforcement proceeding constitutes a “suit” that may trigger an insurer’s obligations under a Commercial General Liability (CGL) insurance policy. Texas is now the fourteenth of seventeen states that have decided this issue to side with the insureds.