HG Prevails in Establishing Insurer's Duty to Defend on Summary Judgment
Hunsucker Goodstein represented a client targeted as a potentially responsible party by the U.S. Environmental Protection Agency for an estimated $26 million Superfund site cleanup. Despite the fact that the insured client provided clear evidence of coverage, the client's insurance company repeatedly denied defense and refused to provide information about old policies. Discovery revealed that hundreds of thousands of documents were not reviewed by the insurer. On summary judgment, Hunsucker Goodstein prevailed, establishing not only that the client's policy did not clearly exclude coverage, but that the insurer had failed to look for the policy. The district court rejected the insurer's statute of limitations defense, finding the statute of limitations does not run until the carrier denies coverage, and determined the insurer was obligated to defend the client.