EPA Letters Do Trigger A Duty To Defend In Ore.

Law360, New York (November 18, 2013, 1:58 PM EST) -- Oregon is the latest state to join the majority of jurisdictions that find the U.S. Environmental Protection Agency potentially responsible party ("PRP") letters to constitute a “suit,” thereby triggering an insurer’s duty to defend. Specifically, in Anderson Brothers Inc. v. St. Paul Fire & Marine Insurance Co., No. 12-35454 (Ninth Circuit, Oct. 10, 2013), the United States Court of Appeals for the Ninth Circuit (interpreting Oregon law) confirmed its earlier decision holding that letters from federal environmental regulators that alert companies to potential liability trigger a...
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