Insurance, Toxic Torts, Environmental Law

Defense Cost Analysis in Complex Environmental Fee Claims

by David J. McMahon | Barger & Wolen on 5/21/2013

Introduction - Many of our litigation management audits involve complex environmental cleanup cases. In these cases, it is important to first evaluate the underlying matter, including the fact patterns of the various...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 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

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

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

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

by Revelle Gwyn, Elizabeth Hamrick, Katherine Henry, Sid Trant | Bradley Arant Boult Cummings LLP on 1/16/2013

In a recent ruling of interest to any company named as a potentially responsible party (“PRP”) at a Superfund site, the Alabama Supreme Court has held that a PRP letter constitutes a “suit” under a comprehensive general...more

Michigan Court Holds Tank Repair Costs Not Covered Under UST Policy

by Traub Lieberman Straus & Shrewsberry LLP on 11/19/2012

In its recent decision in H & M Petro Mart v. Zurich Am. Ins. Co., 2012 U.S. Dist. LEXIS 163205 (E.D.Mich. Nov, 15, 2012), the United States District Court for the Eastern District of Michigan had occasion to consider the...more

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

by Aisha Cassis, Jonathan M. Cohen | Gilbert LLP on 11/13/2012

Superstorm Sandy wreaked havoc across the Eastern Seaboard and is predicted to be one of the costliest natural disasters in U.S. history. New York’s Governor Cuomo estimates that the storm may have had a $50 billion impact...more

Hurricane Sandy and Environmental Compliance

by Pierce Atwood LLP on 10/31/2012

As we all prepare for -- or cope with -- the impacts of this storm, we hope you and your loved ones stay safe. Unfortunately, environmental impacts are inevitable. We are mindful that EPA was criticized after Katrina for...more

State of California v. Continental Insurance Company, et al.

by Low, Ball & Lynch on 10/12/2012

Insurance Coverage – Stacking of Policy Limits on Progressive & Continuous Loss - California Supreme Court (August 9, 2012) In this decision, the California Supreme Court has ruled for the first time that in a...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

Is Your Vehicle a CERCLA Facility?

by Greenberg Glusker Fields Claman & Machtinger... on 9/13/2012

While we tend to think of a CERCLA “facility” as the real property where environmental contaminants have come to be located, it is important to remember that CERCLA’s definition of “facility” is actually much broader than...more

State Supreme Court Rules Against Insurers in Stringfellow Acid Pits Case

by Barger & Wolen on 8/15/2012

Larry Golub was quoted in an Aug. 9, 2012, article by The Recorder (subscription required) on the state Supreme Court ruling in State of California v. Continental Insurance, involving the cleanup of the Stringfellow Acid...more

California Court Says Insureds Can Stack Policies For Max Coverage

by Barger & Wolen on 8/15/2012

Partner Larry Golub was quoted in a Law360 (subscription required) article published on Aug. 9, 2012, about a key California Supreme Court ruling that insurance policyholders with long-term property damage and personal injury...more

California Allows Policyholders to "Stack" Insurance Coverage

by Proskauer Rose LLP on 8/15/2012

Last Thursday, the California Supreme Court effectively increased the amount of insurance available to businesses for latent injury claims. In a unanimous decision in State of California v. Continental Ins. Co. et al.,...more

California Supreme Court Expands Available Policy Limits To Cover Environmental Claims

by Greenberg Glusker Fields Claman & Machtinger... on 8/15/2012

On August 9, 2012, the California Supreme Court handed down its much anticipated decision in State of California v. Continental Ins. Co. The California Supreme Court held that the “all sums” method of allocation applies in...more

California’s Supreme Court Addresses Trigger of Coverage and Stacking of Limits

by Traub Lieberman Straus & Shrewsberry LLP on 8/13/2012

By decision dated August 9, 2012, the Supreme Court of California handed down its long-anticipated holding in State of California v. Continental Insurance Company, 2012 Cal. LEXIS 7324, a ruling that now further defines...more

California Supreme Court Adopts “All-Sums-With-Stacking” Allocation Rule In Pro-Policyholder Environmental Insurance Coverage...

by K. Eric Adair on 8/11/2012

On August 9, the California Supreme Court issued an important decision that will enhance the ability of policyholders to receive the full benefit of their insurance policies for long-tail environmental claims. Specifically,...more

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Insurance › Toxic Torts › Environmental Law