West Bend Mutual Insurance Co. v. Iowa Iron Works, Inc.

HARRIS, Justice.

The question in this interlocutory appeal is whether an insurer has the duty to defend an environmental suit brought by the department of natural resources against a manufacturer. The challenged district court ruling did not address the merits of the underlying suit; neither did it pass on any duty to indemnify in the event of liability. We agree that the insurer had a duty to defend and thus we affirm.

Defendant Iowa Iron Works, Inc. (Iowa Iron) owns and operates a steel foundry in Cedar Rapids. Its molding process requires the use of ordinary river sand that must be replaced…