Personal Injury

Read Environmental Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 21, 2013

Is CERCLA More Reasonable Than the Common Law? Only in California, I Hope

by Seth Jaffe | Foley Hoag LLP - Environmental Law on 12/28/2012

In Burlington Northern, the Supreme Court made clear that, in order to impose liability on a defendant as an “arranger” under Superfund for the sale of a product, the plaintiff must demonstrate that the defendant "must have...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

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

Anti-Assignment Clause In Insurance Policy Does Not Prohibit The Assignment Of Claim

by Cole Schotz on 7/30/2012

Policyholders asserting claims against an insurer for damages arising from a fire, environmental contamination or other causes need to pay close attention to the “fine print” contained in their policy. Assigning a claim...more

Still No Insurance Coverage for Climate Change Nuisance Litigaiton -- At Least in Virginia

by Foley Hoag LLP - Environmental Law on 4/24/2012

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

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

Delaware Chancery Court Rejects Unsupported Fraudulent Inducement Defense

by Katten Muchin Rosenman LLP on 3/15/2011

The Delaware Chancery Court rejected a defendant's fraud in the inducement defense where, at the summary judgment stage, the defendant (a) failed to come forward with specific facts showing that the counterparty knowingly...more