Texas High Court Asked If EPA Letters Trigger CGL Coverage

Law360, Dallas (June 24, 2014, 7:27 PM EDT) -- The Texas Supreme Court on Monday accepted a case asking whether a “potential responsible party” letter issued by the U.S. Environmental Protection Agency triggered Travelers Indemnity Co.’s duty to defend under a commercial general liability policy issued to a Waste Management Inc. predecessor.

The court will answer certified questions from the Fifth Circuit, which referred the case after Waste Management predecessor McGinnes Industrial Maintenance Corp. claimed Travelers and subsidiary The Phoenix Insurance Co. breached their duty to defend after the EPA found McGinnes had dumped dioxin,...
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