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· 2/8/1988

Detrex Chemical Industries, Inc. v. Employers Insurance of Wausau

Citations

  • 681 F. Supp. 438
  • 27 ERC (BNA) 1502
  • 1988 U.S. Dist. LEXIS 2373
  • 1987 WL 42395

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • EPA letter informing company that it might be liable for cleanup costs, penalties and punitive damages under CERCLA does not trigger duty to defend
  • duty to defend triggered only by formal administrative hearing; reconsidered to include an EPA remedial order
  • DNR letter constituted a “suit” because it invoked a statutory right to an adjudicatory hearing subject to administrative review
  • \[A] claim for damages made against [the insured] that might result in its legal liability is not synonymous with a `suit' so as to trigger [the insurer's] duty to defend....\
  • no showing that civil penalty was sought “because of property damage” to environment
  • policy stated “[t]he insurance afforded by this policy is only with respect to such coverages as are indicated by specific premium charges or charges in the appropriate coverage”

Source: CourtListener parenthetical corpus (CC0).

Judges: William K. Thomas

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.