Environmental General Business Insurance

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The Offshore Master Service Agreement

The offshore MSA is a fundamental contract for any operator or service company. It is the framework by which all work is performed offshore and, importantly, establishes which party assumes the risk of loss for people,...more

California Court Denies Summary Judgment on Known Conditions Exclusion

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

How Many Occurrences? Determining the Number of Occurrences for Fracking-Related Claims in CGL Policies

The controversy surrounding the use of the natural gas drilling process of hydraulic fracturing (fracking) to extract oil and gas is well-documented. While proponents argue that fracking presents the opportunity for an...more

Insurance Recovery Law - Jan 30, 2014

California Court Recognizes Named, Additional Insureds Have Different Expectations - Why it matters: While the holding sounds straightforward – the reasonable expectations of an additional insured about the...more

Potential Recovery Opportunities Arising From Pollution Claims

Energy production in the United States is at an all-time high. In 2013, an average of 7.5 million barrels of oil were pumped every day, which bested the previous production record (2012) by one million barrels. Domestic oil...more

Think Twice Before Throwing Out Those Old Business Records

Property owners or operators faced with an environmental cleanup often incur significant expenses to cleanup their property. Before starting the actual cleanup, property owners/operators should take the time to explore all...more

Wisconsin Appellate Court Holds Manure Not a Pollutant

In its recent decision in Wilson Mutual Ins. Co. v. Falk, 2013 Wisc. App. LEXIS 1031 (Wis. App. Dec. 11, 2013), the Court of Appeals for Wisconsin had occasion to consider whether cow manure generated at a dairy farm...more

Is the Absolute Pollution Exclusion Absolute? It Depends on Which State Answers the Question

The battle over the scope of the absolute pollution exclusion in general liability policies continues to be fought in the context of defective drywall manufactured in China. An earlier blog entry discussed a Virginia court...more

Insurance Recovery Law -- Sep 19, 2013

Pollution Claims–Apparently Here to Stay - With the advent of the “absolute” pollution exclusion in commercial general liability (“CGL”) policies in the mid-1980s, many in the insurance industry predicted that...more

Michigan Court Holds Pollution Exclusion Applies to Emissions Permit Violation

In its recent decision in Arch Ins. Co. v. Commercial Steel Treating Corp., 2013 U.S. Dist. LEXIS 121574 (E.D. Mich. Aug. 27, 2013), the United States District Court for the Eastern District of Michigan had occasion to...more

Alabama Policyholder’s Bad Faith Claim Barred Where Basis of Coverage Denial Was Debatable Under Alabama Law

The U.S. District Court for the Northern District of Alabama, Southern Division, recently granted an insurer’s summary judgment with respect to a policyholder’s tort claim for the bad faith refusal to pay a claim, dismissing...more

Oregon Enacts Significant Amendment to Environmental Clean-Up Insurance Statute

On June 10, 2013, Governor John Kitzhaber of Oregon signed into law a significant amendment to the Oregon Environmental Cleanup Assistance Act, ORS 465.475 et seq. (the “OECAA Amendment”)....more

Resolving Environmental Issues in a Real Property Transaction

Prices for commercial properties are rising. Investors are buying commercial properties, malls and strip centers because returns are higher than other investments, such as government bonds. If you are considering buying or...more

Insurance Recovery Law -- May 30, 2013

In This Issue: Do Your Homework; Repeated Sexual Abuse = Multiple Occurrences, Says New York’s Highest Court; 5th Circuit Holds Policy Covers EPA Suit; Competitor’s False Ad Suit Covered By Liability Policy; and...more

Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth...

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more

Defense Cost Analysis in Complex Environmental Fee Claims

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...more

Climate Change Legal Work: Changing The Paradigm Does Not Come Easily

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

Insurance Coverage Issues for Green-Related Building Projects

Kermit the Frog once famously lamented that “it’s not easy being green.” Well, we hate to break it to you, Kermit, but that’s not exactly true anymore. As it turns out, being green is now all the rage, especially in the...more

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

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

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

Reverse Coverage Suits: What Happens When Policyholders Agree to Defend and Indemnify Their Insurers

Increasingly, when settling coverage disputes, insurers require policyholders to agree to defend and indemnify the insurer against any additional claims asserted against the insurer. This produces the curious result that...more

Alabama Supreme Court Holds PRP Letter Triggers Duty to Defend

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

Even If You Can't Insure The End Of Days, You Can Insure Some Of The Effects Of Climate Change

Today is the day the world ended. But it didn’t. The spin put by some on the Mayan calendar didn’t pan out and the world continued. Here in Baltimore we didn’t buy into the predictions, but just in case, we went looking...more

Michigan Court Holds Tank Repair Costs Not Covered Under UST Policy

In its recent decision in H & M Petro Mart v. Zurich Am. Ins. Co., 2012 U.S. Dist. LEXIS 163205 (E.D.Mich. Nov, 15, 2012), the United States District Court for the Eastern District of Michigan had occasion to consider the...more

Mold, Asbestos, and Raw Sewage – The Toxic Stew that Sandy Left Behind

Superstorm Sandy wreaked havoc across the Eastern Seaboard and is predicted to be one of the costliest natural disasters in U.S. history. New York’s Governor Cuomo estimates that the storm may have had a $50 billion impact...more

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