United States Ninth Circuit

Judgment and attorney's fee award in favor of plaintiff-insured on its claim that defendant-insurer breached its duty to defend it, is affirmed, where: 1) defendant-insurer breached its duty to defend when it refused to provide a defense after plaintiff-insured received letters from the Environmental Protection Agency, notifying plaintiff-insured of its potential liability under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) for environmental contamination of the Portland Harbor Superfund Site; 2) the letters sent by the EPA were "suits" under Oregon law within the meaning of the policies' duty to defend; and 3) the letters alleged facts sufficient to alert plaintiff-insured to its potential liability for environmental contamination under CERCLA.

Appellate Information

• Decided 08/30/2013
• Published 08/30/2013

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel