McGinnes Industrial Maintenance Corp. v. Phoenix Insurance

PER CURIAM: *

In a prior opinion, we certified to the Supreme Court of Texas the sole issue on appeal in this diversity action: whether Environmental Protection Agency (EPA) enforcement actions taken pursuant to CERCLA 1 constitute a “suit” within the meaning of commercial general liability policies, thereby triggering a duty to defend. 2

The Supreme Court of Texas answered the certified question, concluding that the term “suit” in the policies “must also include CERCLA enforcement proceedings by the EPA”; the court subsequently de nied rehearing. 3 Because the district court granted summary…