Polsinelli Podcast - What's Around the Corner for Industries Impacted by Energy Issues?
Addressing Environmental Issues in Real Estate Development
Aboveground Storage Tanks: Where Are We Now?
Vapor Intrusion: New Rules by the EPA
Meet Your Deadlines: West Virginia AST Act Challenges
The Water Values Podcast: Rolling Out AMI in San Francisco with Alison Kastama and Heather Pohl (Part 1)
What Are the Important Issues for Investor-Owned Water Utilities?
Winning Formula for Construction Litigation – Lessons Learned from a Recent Trial Win
The Water Values Podcast - How Can We Resolve Water Conflicts?
Schoenbrod: SCOTUS Ruling Helps EPA Deal With a "Stupid Statute"
The Water Values Podcast: Water as a Business Risk. And Opportunity. With Will Sarni
The Water Values Podcast - The Economics of Water with David Zetland, Ph.D.
Senate Bill 375 and Susatainable Communities Strategies
Manufacturers, Importers and Retailers Must Take Action Following DTSC Reveal of Priority Products
Law Prof: The Clean Air Act Needs a Reboot
Doing Business in California, Proposition 65, the California Green Chemical Initiative and the Rigid Plastic Packaging Regulations
BB&K's Charity Schiller Discusses CEQA Baseline
FCC Proposes New Rules On Local Wireless Siting
Mining: New challenges and opportunities
The Koontz Decision: Limits Conditions a Government can Impose on Developers
California Court: Rejected Demand Within Policy Limits Not Necessary for Bad Faith Claim -
Why it matters: Insurers must proceed with caution when they become aware that a settlement within policy limits is possible,...more
So what day would you pick to have your flood insurance premium double? April Fool's Day? You got it.
Well, that's a little hyperbolic. Rates aren't doubling instantaneously tomorrow. Instead they are rising...more
Liability policies typically provide coverage for amounts the insured “become[s] legally obligated to pay”—but they leave open the question of how that obligation should be determined. Judgments and settlements clearly...more
The National Association of Insurance Commissioners (NAIC) met for its Fall National Meeting in Washington, D.C. from November 14th through November 19th. As with prior meetings, competition among state, Federal and...more
Many homeowners and other property insurance policies contain an exclusion to address one of the by-products of the increased frequency of severe weather: it bars coverage for property damage caused by “water which backs up...more
The Eleventh Circuit recently affirmed a decision of the Southern District of Georgia, finding an insured’s claim for water damage fell within an exclusion for loss or damage caused by “surface water.” In Williams v. State...more
The Federal Emergency Management Agency (“FEMA”) has released proposed Flood Insurance Rate Maps (“FIRMs”) showing updated flood hazard areas for all of Boston, as well as nearby Chelsea, Revere, and Winthrop. Interested...more
Farmers Insurance has filed a series of class action lawsuits against several Chicago area municipalities for allegedly failing to address climate change in their storm water runoff plan. Farmers claims that this led to...more
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
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
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
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
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
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
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
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
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
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
New Jersey Law Journal
False Reporting of Fraud Can Lead to Bad-Faith Liability
By Michael J. Faul, Jr. and Lin C. Solomon...more
Changes to regulations and homeowners insurance for 2011 regarding fuel-oil-based home heating systems, and owner liability for environmental damage....more
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
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
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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