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Amicus Library

Voluntary payments as bar to coverage; Effect of "no action" clause
Demolition Contractors, Inc. d/b/a Pitsch Wrecking Co. vs. Westchester Surplus Lines Insurance Company
Year: 2008
Court: U.S. Court of Appeals, 6th Circuit
Case Number: 09-1582
Issue:
  • Voluntary payments as bar to coverage; Effect of "no action" clause
State:
  • Michigan

Do “voluntary payment” and “no action” terms bar payment by insurance company. Courts in Michigan and throughout the United States have held that, with regard to coverage, it makes no difference whether a policyholder voluntarily cleans up the contamination for which it is responsible before…

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