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A Potentially Responsible Party Letter Triggers the Duty to Defend

A Potentially Responsible Party Letter Triggers the Duty to Defend.

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May 12, 2014

 The Eighth Circuit Court of Appeals held that a potentially responsible party (PRP) letter from the Environmental Protection Agency (EPA) to the insured under the Comprehensive Environmental Response, Compensation, and Liability Act was a “suit” within the meaning of the insured’s commercial general liability (CGL) policies. This case is Land O’ Lakes, Inc., v. Employers Insurance Company of Wausau, 728 F.3d 822 (8th Cir. 2013).

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