9th Cir.
12-35346
The court of appeals affirmed a district court judgment. The court held that a comprehensive general liability insurer breached its contractual duty to defend where it provided no defense to an insured who received letters from the Environmental Protection Agency giving notice of potential liability for environmental contamination under the Comprehensive Environmental Response, Compensation, and Liability Act. The court held further that the two letters, one known as a CERCLA §104(e) letter and the other as a General Notice Letter, were “suits” under Oregon law for purposes of the insurer’s duty to defend.
