News & Analysis as of

Joint and Several Liability Duty to Defend

(ACOEL) | American College of Environmental...

The Absolute Pollution Exclusion is Not Quite Absolute

In my last blog, I noted that there is no case law under CERCLA analyzing whether an insurer may rely upon the absolute pollution exclusion to avoid the duty to defend where a complaint for cost recovery alleges joint and...more

(ACOEL) | American College of Environmental...

Just How Absolute is the Absolute Pollution Exclusion?

Despite the myriad CERCLA cases on the books, there is little – if any – jurisprudence dissecting the so-called “absolute pollution exclusion” in a comprehensive general liability insurance policy and the insurers’ obligation...more

Cozen O'Connor

Courts Continue to Split on Whether Defense Obligation Is a First Party Benefit Under Colorado Law, but Agree Duty to Defend Is a...

Cozen O'Connor on

In D.R. Horton, Inc.—Denver v. Mountain States Mutual Casualty Co., No. 12-cv-01080 (February 25, 2013), another U.S. District Court judge for the District of Colorado determined a liability insured seeking defense costs from...more

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