Bob Wyman: Is Cap-and-Trade Working for California?
Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
As any company facing EPA administrative action under CERCLA knows, the financial risk and defense costs associated with those proceedings can be the same as the risk and costs of an EPA lawsuit under CERCLA. But insurers...more
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
In McGinnes Industrial Maintenance Corporation v. The Phoenix Insurance Company, No. 14-0465, —S.W.3d— (Tex. June 26, 2015), a 5-4 majority of the Texas Supreme Court held that the undefined term “suit” in the standard-form...more
In response to a certified question from the U.S. Court of Appeals for the Fifth Circuit, the Supreme Court of Texas ruled that proceedings conducted by the Environmental Protection Agency under the Comprehensive...more
The issue of whether hydraulic fracturing or “fracking” causes earthquakes has first-party insurance implications because policies typically exclude damage from tremors attributable to man-made causes as opposed to purely...more
In its recent decision in Cincinnati Specialty Underwriters Ins. Co. v. Energy Wise Homes, Inc., 2015 VT 52 (Vt. Apr. 3, 2015), the Supreme Court of Vermont had occasion to consider whether a pollution exclusion is limited to...more
On Thursday of law week, a federal court in New York City tossed an Order of Civil Authority (OCA) claim by a New York City law firm in Bamundo, Zwal & Schermerhorn, LLP v. Sentinel Ins. Co., 2015 U.S. Dist. LEXIS 39409...more
Last week, the Wisconsin Supreme Court issued two opinions in which it held that pollution exclusions barred coverage for third-party claims resulting from alleged contamination of water due to the seepage of cow manure and...more
On January 8, 2015, in Travelers Indem. Co. v. Orange & Rockland Utilities, Inc., the New York Appellate Division upheld a decision finding that Orange & Rockland Utilities Inc.’s notice to Travelers Indemnity Co. of...more
Ammonia Release Constitutes “Direct Physical Loss” Under Policy -
Why it matters:
A New York federal court recently ruled that the discharge of ammonia at a manufacturing plant – causing a facility shutdown for...more
Giving and Receiving: Insuring Company-Sponsored Volunteerism:
This is the time of year when we are reminded of the importance of giving. Many companies not only donate generously to nonprofits and community programs,...more
A New York State trial court judge applied a pro rata time on the risk allocation for pollution from manufactured gas plants on Long Island. Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.,Index No. 604715/1997,...more
In interpreting the scope of the pollution exclusion, one question seems to appear in case after case — what exactly does the pollution exclusion exclude? In State Farm Fire & Casualty Company v. Dantzler, 289 Neb. 1 (2014),...more
Many homeowners and other property insurance policies contain an exclusion to address one of the by-products of the increased frequency of severe weather: it bars coverage for property damage caused by “water which backs up...more
This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not...more
Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision “as soon as is reasonably possible.” Last year, in Long Island Lighting Co. v....more
Like many other federal and state environmental laws, Washington’s Model Toxics Control Act (MTCA) exposes property owners to strict liability, regardless of fault or intent, for certain types of environmental contamination. ...more
During the first six months of 2014, Washington judges issued several notable insurance-related decisions. Some of those decisions were favorable to insurers and could benefit insurers in future insurance claims and lawsuits...more
This year, 2014, is lining up with interesting insurance coverage cases pending across the country which may lead to far reaching decisions.
In California specifically, it is apparent to us that the Hartford Insurance...more
Decades ago, insurance companies tried to persuade trial courts in California to apply the law of some other state to multi-party environmental and asbestos insurance coverage disputes because the insurance companies believed...more
In May 2014, Nevada became the latest state to interpret the breadth and applicability of the pollution exclusion contained within a third-party general liability policy. Although many states have considered this question,...more
The New York Court of Appeals recently reversed and remanded a lower court’s ruling that insurers had waived their late notice defense by not raising the defense until years after they first received notice of a pollution...more
In KeySpan Gas East Corp. v. Munich Reinsurance America, Inc., et al., — N.Y.3d –, (N.Y. June 10, 2014), a case involving two environmental damage claims, the New York Court of Appeals reversed an appellate decision which...more
A recent federal appeals court ruling underscores the need for businesses using potentially irritating chemicals to check their insurance policies for “absolute pollution exception” clauses. These increasingly common clauses...more
In its recent decision in Lennar Mare Island v. Steadfast Ins. Co., 2014 U.S. Dist. LEXIS 26405 (E.D. Cal. Feb. 28, 2014), the United States District Court for the Eastern District of California had occasion to consider the...more
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