RECENT FEDERAL DECISIONS

September 2004

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Eighth Circuit Lacks Jurisdiction to Review EPA Opinion Letter that Restates Existing Law
First Realty, Ltd. v. Frontier Insurance Company, et al., ___F.3d___

The Eighth Circuit Court of Appeals found that an insurer had a duty to defend despite the “pollution exclusion” in the policy. Under Iowa law, there is a duty to defend if any claim alleged against the insured can rationally be said to fall within the policy’s coverage. Insurance is designed to afford protection, not defeat it. Therefore, limitations and exclusionary clauses must be clearly defined, and any ambiguities are resolved against the insurer.