GULL INDUSTRIES, INC., Appellant/Cross Respondent,
v.
STATE FARM FIRE AND CASUALTY COMPANY and Transamerica Insurance Group, Respondents/Cross Appellants,
Allianz Underwriters Insurance Company; American Economy Insurance Company; American States Insurance Company (Successor to Western Casualty and Surety Company); Chicago Insurance Company; Columbia Casualty Company; Federal Insurance Company; Fireman's Fund Insurance Company; General Insurance Company of America; Granite State Insurance Company; Indiana Insurance Company; National Union Fire Insurance Company of Pittsburgh, PA; PA; North Pacific Insurance Company; Ohio Casualty Insurance Company; Pacific Indemnity Company; Safeco Insurance Company of America; United States Fidelity & Guaranty Company; Westport Insurance Corporation; and Zurich-American Insurance Company, Defendants.
Court of Appeals of Washington, Division 1.https://leagle.com/images/logo.png
¶ 1 The Model Toxics Control Act (MTCA), chapter 70.105D RCW, imposes strict liability upon the owner or operator of contaminated property. Such strict liability may trigger the duty to indemnify under commercial liability policies even if no agency has taken or overtly threatened formal legal action.1 We are asked to decide what triggers a duty to defend "any suit" when the owner of contaminated property faces strict...
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