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Tenth Circuit Affirms Denial Of Motion To Compel Arbitration As To The Claims Of Non-Signatory Plaintiffs

by Carlton Fields on

A buyer of a manufactured home sued the manufacturer, seller and lender in connection with toxic mold that was found in the home’s water system. The underlying retail installment contract contained an arbitration agreement...more

Virginia Court Nixes Claim Chinese Drywall Damage to HVAC Systems is Covered as Equipment Breakdown

by Cozen O'Connor on

In Travco Ins. Co. v. Ward, 284 Va. 547, 736 S.E.2d 321 (2012), the Virginia Supreme Court held that loss occasioned by the sulfuric gas released by defective Chinese drywall was excluded under the primary coverage grant of a...more

New Phase I ESA Standard To Be Issued In November

by Bilzin Sumberg on

New Standard Will Help Clarify Environmental and Historical Site Conditions For South Florida Developers - A new standard for performing Phase I Environmental Site Assessments (ESA) is expected to be released in...more

Dodging Deal Killers -- Anticipating and Solving Problems Related to Properties Being Sold or Purchased

by Lane Powell PC on

In This Presentation: Contamination; Environmental Issues; Defective or Incomplete Land Use Approval; “As Is,” “Your Problem Not Mine” Seller; Encroachment; URM or Otherwise Seismically Challenged Property; Use,...more

Virginia Supreme Court Ends Chinese Drywall Debate

by Cozen O'Connor on

We are pleased to report that the Virginia Supreme Court has tacked down – or, more appropriately, “drywall-ed in” – the issue of whether a pollution exclusion in a property insurance policy precludes coverage for Chinese...more

Indemnification Agreements Under CERCLA Do Not Affect Liability to Entities That Are Not Parties to the Agreement

Section 107(e) of CERCLA provides that - "No indemnification, hold harmless, or similar agreement or conveyance shall be effective to transfer from the owner or operator of any vessel or facility or from any person who...more

Insurance Coverage: October 2012

by Low, Ball & Lynch on

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Watershed Date for N.J. Site Remediation: May 7, 2012

by Cole Schotz on

In just over two months, nearly every existing site remediation case pending before the New Jersey Department of Environmental Protection (NJDEP) will become subject to the 2009 Site Remediation Reform Act, N.J.S.A. 58:10C-1...more

WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos

by Low, Ball & Lynch on

Villa Los Alamos Homeowners Association v. State Farm General Insurance Company Court of Appeal, First District (August 25, 2011) In MacKinnon v. Truck Insurance Exchange (WLR September 4, 2003), the California Supreme...more

Lang Michener - Real Estate Brief - Spring 2008

by Lang Michener LLP on

In This Issue: The Ontario Brownfields legislation is designed to encourage development of properties that are contaminated or are perceived to be contaminated by reason of prior use. Annie Thuan reviews some recent and...more

Environmental Advisory: Massachusetts Supreme Judicial Court Holds Parent Corporation Not Liable under Massachusetts Superfund Law...

by Mintz Levin on

The Massachusetts Supreme Judicial Court (SJC) has held that a parent corporation is not liable under M.G.L. c. 21E, the Massachusetts Superfund law, for the liability of a subsidiary that the parent did not own or control at...more

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