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Duty to Defend Environmental Liability

Stoel Rives - Renewable + Law

Could voluntarily performing environmental cleanup threaten insurance coverage?

Because of the increasing frequency of significant, often multimillion-dollar, environmental claims against businesses and individuals under environmental statutes such as the Comprehensive Environmental Response,...more

McCarter & English, LLP

New Jersey Court Confirms a PRP Letter Constitutes a “Suit” Triggering an Insurer’s Duty to Defend

A New Jersey Superior Court recently put to rest a tenuous coverage defense to which insurers stubbornly have clung in environmental coverage cases. The court held in Cooper Industries, LLC v. Employers Ins. of Wausau a...more

K&L Gates LLP

Massachusetts Supreme Judicial Court Strengthens Policyholders’ Ability to Pursue Consumer Protection Claims against Insurers for...

K&L Gates LLP on

The Massachusetts Supreme Judicial Court (“SJC”) has made it clear that an insurer cannot avoid claims for failing to defend a policyholder merely by tendering payment to the policyholder at the last minute. The central issue...more

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