A Policyholder's Unusual Argument Over EPA Cleanup Costs

Law360, New York (October 11, 2013, 5:10 PM EDT) -- In Land O’ Lakes Inc. v. Employers Mutual Liability Insurance Co. of Wisconsin,[1] the United States Court of Appeals for the Eighth Circuit agreed with the insurers’ decision that no coverage existed for a policyholder’s environmental cleanup costs. Specifically, the Eighth Circuit applied Minnesota law and affirmed the federal district court’s holding that a six-year statute of limitations barred the policyholder’s breach of contract claim on the duty to defend because the policyholder filed suit more than six years after the insurers denied coverage for a...
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