Insurance, Environmental Law

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

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

by Molly Eckman | Cozen O'Connor on 5/8/2013

On March 13, 2013, the Oregon legislature introduced Senate Bill 814 to create sweeping reforms on environmental claims handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Insurance Coverage Issues for Green-Related Building Projects

by Stevi Raab | Sedgwick LLP on 4/30/2013

Kermit the Frog once famously lamented that “it’s not easy being green.” Well, we hate to break it to you, Kermit, but that’s not exactly true anymore. As it turns out, being green is now all the rage, especially in the...more

Insurance Recovery Law -- Apr 18, 2013

by Manatt, Phelps & Phillips, LLP on 4/19/2013

Ninth Circuit Narrows Insurers' Options in Pursuing Subrogation Claims Under CERCLA - Why it matters: The Ninth Circuit confirmed that Chubb could have maintained a subrogation action against potentially liable parties...more

District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion

by Luke Debevec, John Ellison | Reed Smith on 4/2/2013

In January, we reported on developments in Wiseman Oil Co. v. TIG Insurance, a case pending in the United States District Court for the Western District of Pennsylvania involving interpretation of the "pollution exclusions"...more

Words Matter — Settlement Agreements Should be Enforced As Written

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 4/2/2013

Sometimes you read a decision and it’s hard to understand how there really were two plausible sides to the dispute. Arrowood Indemnity Company v The Lubrizol Corporation is one such a decision. There, a policyholder sold...more

Rhode Island Cleans Up Problematic Superfund Precedent That Undermined Federal Settlements

by Thomas Allen, Sheila Harvey, Liz Lord | Pillsbury Winthrop Shaw Pittman LLP on 3/21/2013

The U.S. District Court for the District of Rhode Island has vacated its 2010 summary judgment decision in Ashland Inc. v. GAR Electroforming, 729 F. Supp. 2d 526 (D.R.I. 2010), just days after receiving an amicus memorandum...more

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

Legislative Update Report No. 2013-05 - Mar 8, 2013

by Osler, Hoskin & Harcourt LLP on 3/8/2013

In This Article: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and Yukon...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

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

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

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

by Traub Lieberman Straus & Shrewsberry LLP on 1/29/2013

In its recent decision in United Fire & Casualty Co. v. Titan Contractors Service, Inc., 2013 U.S. Dist. LEXIS 10716 (E.D. Mo. Jan. 28, 2013), the United States District Court for the Eastern District of Missouri, applying...more

Reverse Coverage Suits: What Happens When Policyholders Agree to Defend and Indemnify Their Insurers

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 1/25/2013

Increasingly, when settling coverage disputes, insurers require policyholders to agree to defend and indemnify the insurer against any additional claims asserted against the insurer. This produces the curious result that...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

Nanotechnology And Asbestos: Informing Industry’s Approach To Carbon Nanotubes, Nanoscale Titanium Dioxide, And Nanosilver

by Catherine Morris Krow | Orrick, Herrington & Sutcliffe LLP on 1/21/2013

With greater knowledge comes greater responsibility, and greater liability. When it comes to nanotechnology, our ability to understand the potential risks is unprecedented, thanks in part to the asbestos mass tort experience....more

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Insurance › Environmental Law

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

Senate Bill 814 Proposes Sweeping and Retroactive Changes to Environmental Claims Handling in Oregon

Insurance Coverage Issues for Green-Related Building Projects

Insurance Recovery Law -- Apr 18, 2013

District Court Judge Confirms Summary Judgment Victory for Policyholder Regarding the Duty to Defend and the Pollution Exclusion

Words Matter — Settlement Agreements Should be Enforced As Written

Rhode Island Cleans Up Problematic Superfund Precedent That Undermined Federal Settlements

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

Legislative Update Report No. 2013-05 - Mar 8, 2013

Sudden and Accidental Pollution in Massachusetts — Not Always Fatal To Coverage

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

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

First Circuit Affirms Pro-Rata Damages Verdict in Boston Gas

Missouri Federal Court Holds Pollution Exclusion Inapplicable to Exposure to Fumes

Reverse Coverage Suits: What Happens When Policyholders Agree to Defend and Indemnify Their Insurers

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

Nanotechnology And Asbestos: Informing Industry’s Approach To Carbon Nanotubes, Nanoscale Titanium Dioxide, And Nanosilver

In Alabama, Cost of Complying with a PRP letter Now Insured Under CGL Policies

Alabama Supreme Court Holds PRP Letter Triggers Duty to Defend

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

Even If You Can't Insure The End Of Days, You Can Insure Some Of The Effects Of Climate Change

Governmental Actions That May Assist Insurance Recovery for Superstorm Sandy Claims

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

Michigan Court Holds Tank Repair Costs Not Covered Under UST Policy

Mold, Asbestos, and Raw Sewage – The Toxic Stew that Sandy Left Behind

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