# Cleanup Notice Triggers Duty to Defend 

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A government notice of a policyholder‘s responsibility for cleaning up contaminated property triggers an insurer‘s duty to defend under commercial general liability policies, according to the Wisconsin Supreme Court.
The court, in Johnson Controls Inc. vs. Employers Insurance Co. of Wausau, also found that CGL insurers are liable for cleanup costs incurred under federal environmental statutes. 

The July 11 decision stands in contrast to the Wisconsin Supreme Court‘s 1994 ruling in City of Edgerton vs. General Casualty Co. of Wisconsin. In that case, the court ruled that letters directing insureds to participate in the cleanup of contaminated property did not constitute a legal action and, thus, did not trigger a duty to defend.

Sources:
- Business Insurance (http://www.businessinsurance.com/cgi-bin/news.pl?newsId=2606)