Water Applications and Systems Corporation v. Bituminous Casualty Corporation

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (1st) 120983
Decision Date: 
February 15, 2013
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Justice: 
R. GORDON
Holding: 
Affirmed.
Plaintiff filed breach of contract action against insurer for failure to defend Plaintiff under two general liability insurance policies where Plaintiff was not named as an insured, after receiving notice of potential liability from EPA during EPA investigation. Plaintiff claimed that it had assumed the policies by purchasing the assets of named insured. Defendant did not have duty to defend because potential liability described by EPA in PRP letter was regulatory liability under CERCLA, and not for third-party property damage, and thus was not type of action covered by policies. (LAMPKIN and REYES, concurring.)