Environmental Law, Residential Real Estate, Insurance

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

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 3/20/2013

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

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

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

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

by Josh Greenbaum, F. Jacoby, John McDonough | Cozen O'Connor on 1/23/2013

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

by Cole Schotz on 10/4/2012

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

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

Serial Polluting Is Not 'Sudden and Accidental'

by Sedgwick LLP on 9/2/2011

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

by Low, Ball & Lynch on 8/29/2011

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

by Michael Faul on 4/26/2011

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?

by Samantha McDonald on 8/1/2010

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

by Allen Matkins Leck Gamble Mallory & Natsis... on 3/19/2009

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

by Allen Matkins Leck Gamble Mallory & Natsis... on 10/8/2008

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...

by Clark Wilson LLP on 11/1/2006

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