Genuine Dispute As To Duty To Defend Exists, 9th Circuit Panel Says

Mealey's (May 18, 2016, 2:10 PM EDT) -- SAN FRANCISCO — Because there is a genuine dispute of fact as to whether an insurer has a duty to defend its insureds against underlying environmental contamination claims arising out of their operation of a dry cleaning business, an insurer was not entitled to summary judgment in its favor, the Ninth Circuit U.S. Court of Appeals said May 17 (Hollyway Cleaners & Laundry Co., et al. v. Central National Insurance Company of Omaha Inc., No. 15-55973, 9th Cir.; 2016 U.S. App. LEXIS 9022).

(Unpublished opinion available....
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