Whether Insurers Must Defend PRP Notifications: An Expensive Issue Complicated by Conflicting Court Decisions
Johnson, Joanna L.
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This comment examines conflicting court interpretations of CGL policy language in the context of Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) Potentially Responsible Party notification defense litigation. The author concludes that the lack of uniformity combined with excessive litigation costs indicate the need for channeling defense conflicts into negotiation.