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eBook details

• Title: Cole v. City Battle Creek
• Author : Supreme Court of Michigan
• Release Date : January 02, 1941
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

In this appeal we must determine whether and to what extent general liability insurance carriers are required to defend their insured from an Environmental Protection Agency claim in which the investigation ultimately showed no need for remediation and resulted in a "no action" record of decision for the site. Because we find that the Court of Appeals, under the specific circumstances of this case, properly concluded that the insurers may owe a duty to defend, we affirm. Additionally, we hold that certain site investigation costs incurred after and in response to the EPA claim may be recoverable defense costs if they were expended in order to defeat or limit the scope of liability and were not an ordinary cost of doing business.

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