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Jaco Environmental, Inc., et al. v. American International Specialty Lines Insurance Company, No. 2:09-cv-0145 JLR, 2009 WL 1591340, U.S.D.C. (W.D.Wash.) May 19, 2009.
The complaint alleges that the statements at issue began in at least 2002, but also further alleges that JACO's wrongful acts were ongoing and would continue unless restrained or enjoined by the court. These allegations indicate that JACO's alleged wrongful conduct began in 2002 and continued unabated until at least the filing of ARCA's complaint - a period of time that encompasses the policy period. . . . Based on allegations that the wrongful conduct began before the policy period and continued until about two months following the end of the policy period, such a conclusion would not be reasonable. Thus, AISLIC breached its Policy with JACO when it denied its duty to defend following submission of the ARCA complaint to AISLIC on December 17, 2004. The Court also found that JACO was entitled to select its counsel and to obtain attorneys' fees it incurred in establishing its coverage rights.
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