Foster-Gardner, Inc. v. National Union Fire Insurance

Opinion

BROWN, J.

this case we determine whether environmental agency activity prior to the filing of a complaint, in this case an order notifying the insured that it is a responsible party for pollution and requiring remediation, is a “suit” triggering the insurer’s duty to defend under a comprehensive general liability insurance (CGL) policy. Two Courts of Appeal have ruled on the issue reaching opposite conclusions. We granted review in both cases, holding Fireman’s Fund. Ins. Co. v. Superior Court (1997) 65 Cal.App.4th 1205 [78 Cal.Rptr.2d 418] for resolution of the issue in this case. The…