Panel: Insurer Entitled To Jury Trial On Defense Costs Issue In Contamination Suit

( April 8, 2025, 10:49 AM EDT) --  XE "Pollution Exclusion"  XE "Environmental Contamination" SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on April 7 affirmed a district court’s ruling that an insurer has a duty to defend an insured in an underlying environmental contamination lawsuit, however, the panel said the insurer is entitled to a jury trial to determine the reasonableness of the defense costs incurred by the insured from the date of the insured’s tender of the underlying complaint through the date of the district court’s order....