Insurance, Energy & Utilities Law

Is That Covered? Tanker Fire

by Michael R. Kelley | McNees Wallace & Nurick LLC on 5/13/2013

On May 9, 2013, a tanker truck carrying thousands of gallons of diesel fuel, overturned and caught on fire on a ramp near Interstate 81 and route 322 in Harrisburg....more

Automotive Legal News - May 2013 • 2nd Quarter

by John Anderson, Sr., James M. Burns, M. Kimberly Stagg, Richard Wilhelm | Dickinson Wright on 5/9/2013

IN THE ISSUE: - The Legal Challenge to the SEC’s Conflict Minerals Reporting Regulations: In the 2010 Dodd-Frank Act, the United States Congress required, inter alia, the SEC to promulgate regulations requiring...more

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

by J. Wylie Donald | McCarter & English: Climate Change &... on 5/9/2013

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

Under The Dome: Inside The Maine State House 4-19-13

by Avery T. Day, John D. Delahanty, Andrea Cianchette Maker | Pierce Atwood LLP on 4/22/2013

A quiet week in Augusta. The House and Senate did not meet and only five Committees met to work on legislation. When the Legislature returns next week, there will be less than two months to go until the statutory adjournment...more

Oklahoma Court Addresses Time Element Pollution Exclusion

by Traub Lieberman Straus & Shrewsberry LLP on 3/29/2013

In its recent decision in Colony Insurance Company v. Bear Products, Inc., 2013 U.S. Dist. LEXIS 43716 (E.D. Okl. Mar. 26, 2013), the United States District Court for the Eastern District of Oklahoma had occasion to consider...more

Insurers Should Re-Examine Additional Insured Liability Coverage Wording in Light of BP Oil Spill Decision

by David Attisani, Mark Cahill, Rob Kole, John Nadas, Hugh Scott | Choate Hall & Stewart LLP on 3/20/2013

What you need to know: The US Court of Appeals for the Fifth Circuit ruled that the insurance policy, rather than the indemnity provision of an underlying service contract, determined whether BP was an additional insured for...more

5th Circuit Holds Additional Insured Coverage Not Limited by Contract

by Traub Lieberman Straus & Shrewsberry LLP on 3/15/2013

In its March 1, 2013 decision in In re Deepwater Horizon, 2013 U.S. App. LEXIS 4512 (5th Cir. Mar. 1, 2013), the Fifth Circuit had occasion to consider the extent to which an insurer’s coverage obligations to an additional...more

Are Compliance Officers Getting Paid Their Worth?

by NAVEX Global on 2/27/2013

The NAVEX Global-sponsored 2012 SCCE (Ethics & Compliance Industry) Salary Survey was released this week (download report). In the executive summary, SCCE CEO Roy Snell highlights the necessity that the broader industry has...more

Only A Matter of Time – Prepare For Geomagnetic Storms

by Jason Reeves | Zelle Hofmann Voelbel & Mason LLP on 2/22/2013

Originally published in Insurance Law360 on February 21, 2013. Geomagnetic storms present a unique risk to power grids, power grid customers and insurers. The modern world, and particularly the East Coast of the U.S., is...more

Recent Ruling Confirms That Cost of Compliance with a PRP Letter Is Insured Under CGL Policies

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 2/8/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site anywhere in the country, the Alabama Supreme Court has followed the majority of state courts and held that a...more

Another Win for Pennsylvania Policyholders Concerning the Duty to Defend and the Pollution Exclusion

by Luke Debevec, John Ellison | Reed Smith on 2/6/2013

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

Groundbreaking Research Identifies IP Arms Race in Wind

by Philip Totaro on 2/4/2013

Our new research report has catalogued over 27,500 global patent filings related to horizontal-axis, utility-scale wind turbine technology. The report shows only about 1% of issued patents are a high impact on the products...more

Construction Alert: Insuring Contractual Indemnity Obligations—A Lesson In Careful Contract Drafting

by Robert Huber, Elizabeth Larsen | Leonard, Street and Deinard on 2/1/2013

The Minnesota Supreme Court issued a decision last week in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's...more

The New Year Brings New Sanctions Against Iran

by King & Spalding on 1/25/2013

As 2013 begins, the United States has reiterated its commitment to countering the threat posed by Iran by passing new legislation, issuing new regulations and guidance, and bringing into effect new requirements to increase...more

Iran Sanctions Update

by Jonathan M. Epstein | Holland & Knight LLP on 1/16/2013

The United States continues to impose additional layers of sanctions on Iran. The rate of change and complexity of U.S. sanctions laws present challenges, particularly where these sanctions have extraterritorial effect on the...more

Infrastructure Alert - January 15, 2013

by Cozen O'Connor on 1/15/2013

The $50.7 billion Hurricane Sandy relief package is currently being debated in the House. Monday night, the Rules Committee approved 13 amendments for floor consideration. After neglecting to schedule a vote on an aid...more

The Imminent Wave of Federal Regulations

by John Bowman, John F. Cooney, Douglas Green, Ted Ramirez | Venable LLP on 1/7/2013

President Obama’s second term promises to be among the most intense periods of regulatory activity since the late 1970s. The major focal points for new rules will be three of the country’s largest industries: health care,...more

Tax Law Blog: Individual Tax Rates, Deductions, and Credits

by Jana M. Luttenegger | Davis Brown Law Firm on 1/3/2013

Here is a brief outline of the legislation passed by the Senate and House extending certain tax rates, deductions, and credits for individuals....more

Top 6 At 12: Highlights Of The Top Climate Change Stories In The Second Half Of 2012

by J. Wylie Donald | McCarter & English: Climate Change &... on 1/2/2013

2012 has drawn to a close. We chronicle here six of the most significant stories on the climate change front in the last six months. For those looking for hope that government is taking action to rein in greenhouse gas...more

Insuring Your Business -- December 2012

by Richard H. Friedman, Michael R. Kelley | McNees Wallace & Nurick LLC on 12/13/2012

In This Issue: Insurance Coverage Related to Oil and Natural Gas Fracking; Finding Coverage For Fiduciary Liability Claims; and What’s the Difference Between an Insurance Certificate and an Additional...more

Insuring Your Growing Assets in the Appalachian Shale Plays

by Charity K. Flynn, Angela D. Herdman | Spilman Thomas & Battle, PLLC on 12/4/2012

With the continued development of the Marcellus and Utica Shale, businesses in West Virginia, Pennsylvania and Ohio are experiencing rapid growth and facing many issues related to this growth they had not previously...more

No Nukes! - Using Tax-Advantaged Investments to Enhance Investment Returns in Nuclear Decommissioning Trusts

by Gerald Nowotny on 12/4/2012

A.Overview - This executive summary is intended to outline the use of private placement insurance contracts as a funding vehicle for nuclear decommissioning trusts (NDT). As of the end of 28 investor-owned and 28...more

Fifth Circuit Holds Insured’s Negligent Drilling Did Not Cause Property Damage

by Traub Lieberman Straus & Shrewsberry LLP on 11/30/2012

In its recent decision in PPI Tech. Servs., L.P. v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 24571 (5th Cir. Nov. 29, 2012), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion to...more

A Tale of Two Credibilities: Hurricane Sandy and Recent Extreme Weather Reports

by McCarter & English: Climate Change &... on 10/30/2012

It was the best of times. It was the worst of times. In North America, anyway. As Hurricane Sandy looms over the Eastern seaboard, we thought it would be worthwhile to take a look at two recent reports about extreme...more

Ensuring Service Interruption Coverage

by Zelle Hofmann Voelbel & Mason LLP on 9/20/2012

Originally published in Insurance Law360 on September 18, 2012. By many estimates, some 670 million people, or almost 10 percent of the world’s population, lost power during the recent electrical outage in India....more

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