FIFTH CIRCUIT COURT OF APPEALS CERTIFIES QUESTION TO THE TEXAS SUPREME COURT

In McGinnes Industrial Maintenance Corp. v. Phoenix Insurance Company, 2014 WL 2599926 (5^th Cir. June 11, 2014), the United States Fifth Circuit Court of Appeals certified the following question of Texas law to the Texas Supreme Court;

Whether the EPA’s PRP letters and unilateral administrative order, issued pursuant to CERCLA, constitute a “suit” within the meaning of the Plaintiff’s CGL policies, triggering a duty to defend.

MDJW will continue to monitor this case as it proceeds to the Texas Supreme Court for  additional briefing and oral argument on this important environmental coverage question.