Insurer Must Indemnify In CERCLA Suit: 1st Circ.

Law360, New York (March 13, 2009, 12:00 AM EDT) -- Century Indemnity Co. must fulfill its duty to defend a company embroiled in a battle over cleanup costs for a Superfund site per the terms of a decades-old insurance policy, even after ownership of the company and the insurer had both been displaced over a series of mergers and acquisitions, an appeals court has ruled.

In a decision handed down Friday, the First Circuit Court of Appeals affirmed a 2008 ruling by the Rhode Island district court, stating that Emhart Industries could not collect defense and...
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