In Charter Int'l. Oil Co.v. Travelers Casualty and Surety Co., No. 06-324 (D.R.I., June 9, 2008), the Rhode Island federal district court held that the state's 10 year limitations period did not expire even though the insured waited 14 years to file a lawsuit after entering an agreement with the state to clean up the covered property. The policy had a "no action clause" that required the insured to wait until its costs were "finally determined" before filing a suit. Under a theory that its costs were not finally determined as long as the response action continued, the insured waited to file its suit until the state agreed that the cleanup was complete.

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