Texas High Court Refuses To Rehear Ruling On Whether EPA Action Is A Suit Under Policies

Mealey's (January 27, 2016, 10:58 AM EST) -- AUSTIN, Texas — The Texas Supreme Court on Jan. 22 denied a motion to rehear its decision that that an administrative action initiated by the U.S. Environmental Protection Agency constitutes a “suit” as that term is defined under the insurance policies at issue (McGinnes Industrial Maintenance Corp. v. The Phoenix Insurance Co., et al., No. 14-0465, Texas Sup.; 2016 Tex. LEXIS 58).

In the 1960s, McGinnes Industrial Maintenance Corp. stored waste sludge on the western bank of the San Jacinto River. In 2007, the EPA told...
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