· 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 CourtListenerSourced 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.