Lapham-Hickey Steel Corp. v. Protection Mutual Insurance

In this declaratory judgment action seeking a determination of the right to insurance coverage for environmental damage, plaintiff Lapham-Hickey Steel Corporation appeals the trial court’s order which (1) granted summary judgment in favor of defendant Protection Mutual Insurance Company, finding that a provision in the policy requiring the filing of suit within 12 months of discovery was dispositive; and (2) denied partial summary judgment against plaintiff to defendant’s duty to defend under the policy.

On appeal plaintiff raises two issues: (1) whether the 12-month suit limitation clause in…