The excess carrier did to have to contribute to the defense and indemnity of the insureds because the dissolution of one of the primary carriers meant full exhaustion had not been accomplished. Continental Cas. Co., et al. v. Argonaut Ins. Co., et al., 331 Ore. App. 26 (Or. Ct. App. 2024).

Schnitzer Steel Industries, Inc. and MMGL Corporation (insureds) were deemed potentially responsible parties by the EPA for the environmental cleanup of the Portland Harbor Superfund Site. The insureds submitted claims for defense and indemnity to their CGL insurers, including Continental. They also filed a claim with Insurance Company of the State of Pennsylvania (ICSOP), which provided umbrella insurance with limits of $5,000,000. ICSOP denied coverage, contending that the insureds' environmental claims were subject to the excess liability portions of its policies and those provisions had not been triggered.