Environmental Law, Civil Procedure, Insurance

Insurance Recovery Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/19/2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

Rhode Island Cleans Up Problematic Superfund Precedent That Undermined Federal Settlements

by Thomas Allen, Sheila Harvey, Liz Lord | Pillsbury Winthrop Shaw Pittman LLP on 3/21/2013

The U.S. District Court for the District of Rhode Island has vacated its 2010 summary judgment decision in Ashland Inc. v. GAR Electroforming, 729 F. Supp. 2d 526 (D.R.I. 2010), just days after receiving an amicus memorandum...more

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 2/22/2013

In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

by Luke Debevec, John Ellison | Reed Smith on 2/6/2013

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

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

by Choate Hall & Stewart LLP on 1/29/2013

What you need to know: The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in the long-running Boston Gas case. The court...more

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 1/16/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

Alabama Supreme Court Holds PRP Letter Triggers Duty to Defend

by Traub Lieberman Straus & Shrewsberry LLP on 1/3/2013

In its recent decision in Travelers Cas. & Sur. Co. v. Ala. Gas Corp., 2012 Ala. LEXIS 174 (Ala. Dec. 28, 2012), the Supreme Court of Alabama addressed for the first time whether a PRP letter from the EPA qualifies as a...more

The Proper Reach of Pollution Exclusion Provisions In Insurance Coverage Claims

by Foley Hoag LLP - Environmental Law on 11/2/2012

Most people would likely consider pollution to be a concept that is tied to harm to the environment -- contamination of soil, groundwater, or ambient air. Consistent with this common understanding of pollution, courts have...more

Determining an Occurrence in Environmental Insurance Cases

by Foley Hoag LLP - Environmental Law on 10/5/2012

Like a comet which drags a long trail in its wake, large CERCLA cases in federal court often are accompanied by related insurance coverage cases in state court. That is true with the Lower Fox River Superfund Site in...more

11th Circuit: Total Pollution Exclusion Bars Coverage for Carbon Monoxide Poisoning

by Sedgwick LLP on 9/12/2012

In Scottsdale Insurance Co. v. Pursley, Slip Copy, 2012 WL 3553405 (11th Cir. Aug. 20, 2012), the U.S. Court of Appeals for the 11th Circuit rejected an attempt to limit the application of a commercial general liability...more

Rhode Island's Easily Triggered Duty of An Insurer to Defend Environmental Cases

by Foley Hoag LLP - Environmental Law on 7/19/2012

The First Circuit recently confirmed the traditional rule that it doesn’t take much to trigger an insurer’s duty to defend a policyholder against an environmental claim. In Travelers Casualty and Surety Company v. Providence...more

Supreme Court of California Hears Arguments in State of California v. Continental Insurance Co.

by Farella Braun + Martel LLP on 5/31/2012

After waiting over three years since granting review in State of California v. Continental Insurance Co. the Supreme Court of California heard oral arguments in the case yesterday morning. This highly anticipated case...more

Superfund Year in Review: News for Insurance, Real Estate and Clean-Up Sectors

by Patton Boggs LLP on 5/25/2012

Federal courts placed a premium on up-to-date legal work in their 2011 Superfund decisions, as decisions turned increasingly on careful compliance with the latest pleading requirements and closer readings of the statutory...more

Supreme Court of Virginia Reaffirms No Coverage for Global Warming Lawsuit

by Traub Lieberman Straus & Shrewsberry LLP on 4/23/2012

In its recent decision in AES Corporation v. Steadfast Ins. Co., 2012 Va. LEXIS 81 (Va. Apr. 20, 2012), the Supreme Court of Virginia revisited its 2011 ruling concerning whether a general liability carrier had a duty to...more

Interview Agrarisch Magazine januari 2012

by Arthur van Hoey Smith on 1/1/2012

Een interview in het Agrarisch Magazine van Cunningham Lindsey, januari 2012...more

BLG Canadian Insurance Law Newsletter - Fall 2011

by Michael Smith on 9/1/2011

Six articles in this edition covering class actions, product liability, Sale of Goods Act implied conditions, spoliation, CGL coverage, pollution exclusions, new civil procedure rules in Ontario concerning experts, police...more

Nogmaals de grenzen van art. 6:174 BW bij leidingschade: de werking van de tenzij-clausule bij doorlopende schade

by Arthur van Hoey Smith on 2/26/2011

Gezien het toepassingsbereik van de tenzij-clausule in geval van doorlopende schade, zijn opstalbezitters in het algemeen en leidingbeheerders in het bijzonder vaker niet (geheel) aansprakelijk dan tot nu toe wordt...more

Insurance/Reinsurance and Litigation Alert: California Supreme Court Holds That Escape of Pollutants - Not Deposit - is the...

by Mintz Levin on 3/13/2009

In an important decision further clarifying the application of the “sudden and accidental” pollution exclusion and the absolute pollution exclusion as it applies to pollution of a “watercourse or body of water,” the...more

The California Supreme Court Holds That Sudden and Accidental Pollution Need Only Be a "Substantial Factor" to Trigger Insurance...

by Manatt, Phelps & Phillips, LLP on 3/13/2009

The California Supreme Court just handed down another major decision in favor of policyholders in the Stringfellow Acid Pits litigation. A few months ago in that litigation, the California Court of Appeal ruled in favor of...more

In Brief - Summer 2008

by Lang Michener LLP on 6/30/2008

In This Issue LAW NOTES canvasses a host of interesting and current topics including law suits that have no chance of success (summary judgment); insider trading exemptions; stipulated price contracts (CCDC 2);...more

New York's Choice of Law Doctrine in Coverage Cases is Moving Inexorably Toward the Site-Specific Approach

by Ronald Coleman on 1/28/1997

Published in Mealey's Litigation Report -- Insurance...more

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Environmental Law › Civil Procedure › Insurance