Lapham-Hickey Steel Corp. v. National Surety Corp.

Lapham-Hickey Steel Corporation (Lapham-Hickey) filed a declaratory judgment action against its insurer, National Surety Corporation (National Surety). The suit alleged that under the comprehensive general liability policies (policies) issued to LaphamHickey, National Surety owed a duty to defend with respect to potential liability for environmental pollution. The court entered summary judgment in favor of National Surety finding that LaphamHickey was neither sued nor subjected to a substantial threat of litigation sufficient to trigger the duty to defend under the policies.

The issue on…