Judges Suggest Earlier Ruling Limits Pollution Insurance Case Outcome

Judges with the U.S. Court of Appeals for the 9th Circuit suggested during May 2 oral argument it would be difficult to find in favor of insurers in a pollution insurance case without conflicting with a 2013 decision by the same court that found insurance companies' "duty to defend" a policyholder was triggered when the policyholder received an informational request letter from EPA about a contaminated site. The pending litigation, Ash Grove Cement Co. v. Liberty Mutual Insurance Company, et...