This case concerns whether Illinois Union Insurance Co. has a duty to defend Louisiana Generating LLC in an underlying suit filed against it by the Environmental Protection Agency and the Louisiana Department of Environmental Quality for alleged Clean Air Act and state environmental law violations. "Remediation costs" are defined very broadly to include expenses incurred to redress pollution in compliance with environmental law, including, inter alia, costs associated with investigating, mitigating or abating pollution. This language providing coverage for remediation costs potentially covers the multiple prayers for relief in the complaint. The district court's holding is affirmed and the case is remanded. 5th U.S. Circuit Court of Appeals, No. 12-30651, 05-15-2013.
Louisiana Generating L.L.C. v. Illinois Union Insurance Co.
May 20, 2013