Gull Industries, Inc. v. State Farm Fire & Casualty Co.

Verellen, A.C.J.

¶1 The Model Toxics Control Act (MTCA), chapter 70.105D RCW, imposes strict liability on the owner or operator of contaminated property. Such strict liability may trigger the duty to indemnify under *466commercial liability policies even if no agency has taken or overtly threatened formal legal action.1 We are asked to decide what triggers a duty to defend “any suit” when the owner of contaminated property faces strict liability under the MTCA. We conclude that the term “suit” is ambiguous in this context and does not require that a summons and complaint be filed or served or that…