9th Circ. Resists Further Review Of Coverage For EPA Reply

Law360, Los Angeles (May 2, 2016, 5:39 PM EDT) -- The Ninth Circuit on Monday appeared unlikely to seek the Oregon Supreme Court's help to decide whether an information request issued by the U.S. Environmental Protection Agency constitutes a "suit" triggering an insurer's duty to defend, noting that a previous decision by the federal appeals court already resolved the issue.

A three-judge panel of the Ninth Circuit has been asked to determine whether a letter that the EPA sent to Ash Grove Cement Co. under Section 104(e) of the Comprehensive Environmental Response, Compensation and Liability Act counts as a suit that would trigger two general liability insurers' defense obligations.   The...

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