QUARRY v. GOLDEN EAGLE INSURANCE CORPORATION Part II
EPA administrative proceedings, a prerequisite to bringing a civil action in federal court against alleged polluter under Clean Water Act, were not suits within meaning of liability policies that define suit as "a civil proceeding in which damages...to which this insurance applies are alleged." Insurers had no duty to provide defense or coverage to quarry operator accused of placing dirt and rocks in creek bed where policies excluded coverage for, "monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of pollutants."
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