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On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more
IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more
I learned the other day that for $3995 I can download nearly a 1000 page report on the climate change industry. The Ah Hah moment was at hand. The President’s promise at his inauguration and then again at the State of the...more
A quiet week in Augusta. The House and Senate did not meet and only five Committees met to work on legislation. When the Legislature returns next week, there will be less than two months to go until the statutory adjournment...more
In its recent decision in Colony Insurance Company v. Bear Products, Inc., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013), the United States District Court for the Eastern District of Oklahoma had occasion to consider...more
What you need to know: The US Court of Appeals for the Fifth Circuit ruled that the insurance policy, rather than the indemnity provision of an underlying service contract, determined whether BP was an additional insured for...more
Originally published in Insurance Law360 on February 21, 2013. Geomagnetic storms present a unique risk to power grids, power grid customers and insurers. The modern world, and particularly the East Coast of the U.S., is...more
Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the "pollution...more
The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's...more
In This Issue: Insurance Coverage Related to Oil and Natural Gas Fracking; Finding Coverage For Fiduciary Liability Claims; and What’s the Difference Between an Insurance Certificate and an Additional...more
With the continued development of the Marcellus and Utica Shale, businesses in West Virginia, Pennsylvania and Ohio are experiencing rapid growth and facing many issues related to this growth they had not previously...more
It was the best of times. It was the worst of times. In North America, anyway. As Hurricane Sandy looms over the Eastern seaboard, we thought it would be worthwhile to take a look at two recent reports about extreme...more
Originally published in Insurance Law360 on September 18, 2012. By many estimates, some 670 million people, or almost 10 percent of the world’s population, lost power during the recent electrical outage in India....more
Nationwide Mutual Insurance Co. made headlines in the ongoing debate over hydraulic fracturing earlier this month, declaring that it won’t cover damage related to the controversial drilling process. ...more
In This Issue: - The Settlement Dilemma: When a Policyholder and Insurer Disagree on Settlement - Orrick Lawyers Gain Key Trial Victory for CITGO Petroleum on Rights to Coverage - Virginia Supreme Court...more
In its recent decision in St. Paul Surplus Lines Ins. Co. v. Davis Gulf Coast, Inc., 2012 U.S. Dist. LEXIS 81719 (S.D. Tex. June 13, 2012), the United States District Court for the Southern District of Texas had occasion to...more
Last week, the Virginia Supreme Court ruled (for the second time) that a CGL policy issued to AES Corporation did not require Steadfast Insurance to provide a defense to AES for claims brought again AES in Kivalina v. Exxon...more
In This Issue: - Recent Decision – U.S. District Court Limits Coverage Available Under Employment Practices Liability Policy - Eleventh Circuit Upholds Trial Court Ruling that D&O Policy Does Not Cover Costs of...more
IN THIS ISSUE: State & Local Tax Seminars; PA Reinstates Voluntary Compliance Program; Jim Fritz Selected for Inclusion in “The Best Lawyers in America”; Commonwealth Court Addresses Calculation of Insurance Company...more
Recent and upcoming developments underscore the need for public companies, and their directors and officers, to consider whether they may have exposure to a newly emerging source of disclosure-related litigation. There is...more
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