Insurance
Nov. 1, 2011
When a shield is a sword: an insurance company’s duty to defend
The duty to defend raises interesting issues in the context of environmental remediation statutes. By Jordan Stanzler and Deb Goodman of Stanzler Law Group
Commercial general liability (CGL) insurance policies provide indemnification and a defense to any alleged liability. This "duty to defend" is triggered by the filing of a claim (typically a complaint, counterclaim, or cross claim) against the policyholder that potentially seeks damages for certain covered events. See Montrose Chemical Corp. v. Superior Court, 6 Cal. 4th 287, 295 (1993). Once trigge...
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