Environmental Insurance Residential Real Estate

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Real Property, Financial Services & Title Insurance Case Law Update: Week Ending January 31, 2014

I. FLORIDA STATE CASES - ILAN NIEUCHOWICZ - - Sinkhole Insurance Claim: trial court was required by Fla. Stat. § 627.7074 to stay insured’s lawsuit against insurer immediately after insurer filed request for neutral...more

Yet More on the Adaptation Front: Where You Stand Depends on Whether Your Property Is Underwater

A story in E&E Daily on October 30 highlighted the difficult choices – including political choices – that are going to have to be faced in the process of adapting to climate change. The story noted that a number of...more

The Intersection of Subrogation and Environmental Law — The Ninth Circuit’s Tyranny of Logic over Common Sense

In a decision that exalts casuistry over common sense, the Ninth Circuit recently held that an insurer who reimbursed $2.4 million in CERCLA response costs to its policyholder had no subrogation rights against the potentially...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

State of New Jersey Issues Emergency Flood Hazard Area Control Act Rule Amendments Rules will impact post-Sandy Development

In response to the flood impacts of storms including Hurricane Sandy, the New Jersey Department of Environmental Protection NJDEP) recently adopted emergency amendments to the Flood Hazard Area Control Act (FHACA) rules. This...more

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

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

A Supplemental Whitepaper Addressing Sandy’s Impact on Commercial and Residential Property Owners and Construction Companies

Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey,...more

Failure to Perform Appropriate Pre-Purchase Investigation Renders Buyer Liable for Cleanup

New Jersey property buyers need to be aware of liability for existing contamination as a result of failing to do an appropriate environmental investigation prior to purchasing. The recent case State Farm Fire and Cas. Co. v....more

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

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

Serial Polluting Is Not 'Sudden and Accidental'

Supreme Court of South Dakota In Demaray v. De Smet Farm Mut. Ins. Co., ___ N.W.2d ___, 2011 WL 2937284 (S.D. July 20, 2011), the Supreme Court of South Dakota held that an underlying suit did not fall within an...more

WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos

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

Insurance Law -False Reporting of Fraud Can Lead to Bad-Faith Liability

New Jersey Law Journal Insurance Law False Reporting of Fraud Can Lead to Bad-Faith Liability By Michael J. Faul, Jr. and Lin C. Solomon...more

An Oil Spill at Home: Will Your Homeowners Insurance Cover it?

Changes to regulations and homeowners insurance for 2011 regarding fuel-oil-based home heating systems, and owner liability for environmental damage....more

Green Building Update - March 19, 2009

IN THIS ISSUE: *$8 B in green grants announced *Green Building Focus: Recap of Webcor/Navitas Executive Forum *CBIA endorses 2 'green building' programs *Farmers Insurance offers Eco-Rebuild *Green building...more

Green Building Update - October 8 , 2008

In this issue: *Real estate firms awarded grants to find energy solutions *Green Building Focus: Report on bringing IT to water management *San Francisco issues solar challenge to 1,500 firms *Breathtaking Natural...more

Environmental Liability and Insurance Coverage in British Columbia: A Primer on Contaminated Sites and Clean-Up Cost Recovery...

Q: What do environmental contamination, real estate development and liability insurance have in common? A: Millions of dollars more than you might have thought before you read this paper, especially in British...more

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