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Case Summary Citation

___ F.3d ___, 2013 WL 4615055, U.S. App. LEXIS 18156, (9th Cir. Aug. 30, 2013).

Abstract

The United States Court of Appeals for the Ninth Circuit considered whether a letter from the EPA notifying a party of potential liability under CERCLA is a “suit,” triggering an insurance company’s duty to defend. Applying Oregon contract law, the Ninth Circuit affirmed the decision of the United States District Court for the District of Oregon, stating that the letters from the EPA were “functional equivalents” to a suit under the insured’s policy and the insurer’s denial to defend was a breach of the policy.

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