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Super-Typhoon Nock-Ten: Late-Season Abnormality or Harbinger of Larger Changes?

by Zelle LLP on

An unusual December super-typhoon made several landfalls in the Philippines on Christmas Day 2016, bringing heavy rainfall, fierce wind gusts, and dangerous flooding to the island nation. While the number of fatalities...more

New Flood Hazard Maps Released for Boston

by Goulston & Storrs PC on

After several years of study and an appeal by the City of Boston, the Federal Emergency Management Agency (FEMA) has updated Flood Insurance Rate Maps (FIRMs) for Boston, Chelsea, Revere and Winthrop, which become effective...more

Vermont: First-Party Pollution Exclusions Are Not Confined to Traditional Environmental Pollution.

by Cozen O'Connor on

Courts in a number of American states, notably California, have found that pollution exclusions in first-party policies are “inherently ambiguous” and that the purpose of such provisions is “to address liability arising from...more

It’s Not Their Fault: New Jersey Supreme Court Upholds Dismissal of Nuisance and Trespass Claims in Environmental Context

by Cole Schotz on

The New Jersey Supreme Court recently clarified the elements needed to sustain a claim for nuisance and trespass in the environmental context. Generally, plaintiffs assert claims under common law such as nuisance and...more

Insurance Recovery Law - July 2015 #2

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

April Fool's Day Sees National Flood Insurance Rates Rise

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

“Voluntary” ? “Obligatory”: Good Deeds Do Not Trigger Coverage

by Carlton Fields on

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

NAIC 2014 Fall National Meeting and Congressional Hearing on Global Standards in Insurance Regulation

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

With Sewers Backing Up, Messy Damage Claims are On the Rise

by Carlton Fields on

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

If Rainwater Lands Where it Doesn’t Belong, It’s Still “Surface Water” in the Eleventh Circuit

by Carlton Fields on

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

Comment Periods Begin for Boston’s Newly Mapped Flood Hazard Areas

by Goulston & Storrs PC on

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

Insurer Sues Municipalities Over Claims Stemming from Climate Change

by PretiFlaherty on

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

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

by Carlton Fields on

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

by Genova Burns LLC on

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

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

by Cozen O'Connor on

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

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

WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos

by Low, Ball & Lynch on

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

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

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 on

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 on

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

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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