Products Liability Toxic Torts Insurance

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2013 Review Of 3rd-Party Pollution Exclusion Decisions

Decades after its inception, the liability insurance policy’s pollution exclusion remains a much-litigated area of insurance law. In the third-party liability context, the provision precludes coverage for injury or damage...more

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more

Insurance Recovery Law -- Apr 18, 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

Gilbert LLP Convinces Sixth Circuit to Rule in Favor of Asbestos-Containing product Manufacturer-Policyholders

Comprehensive general liability policies limit the amount the insurer has to pay for each “occurrence”, which is typically defined as an “accident” or “exposure to [injurious] conditions”. Insurers and policyholders...more

Practical Implications Of Howell v. Hamilton Meat

The collateral source rule in a personal injury action or tort claim generally prevents the admission of evidence that the plaintiff will be compensated from a source other than the defendant for his/her injuries. This rule...more

Ontario Court Refuses to Apply "Stonewall Principle"

An Ontario court recently refused to apply the American "Stonewall" principle, which would hold insurers financially responsible to pay for damages in years when insurance against the relevant risk was unavailable. This...more

Basics of Filing an Oregon Bus Accident Claim

Injured by a bus or on a bus? You may need help because buses are often owned by government agencies, which means the whole civil/personal injury process becomes more difficult and more complicated. ...more

Oregon State Time Limits for Filing Personal Injury Lawsuits

Statutes of limitation vary by state, so make sure to know the time limits for filing a personal injury lawsuit in the state where you had your accident. Learn the basic time limits for statutes in Oregon, including personal...more

Vangnet na een kernramp (Beursbengel juni 2011)

In Dutch. De productie en het gebruik van kernenergie voor vreedzame doeleinden brengen, ondanks de strenge veiligheidseisen, gevaren met zich, bestaande in exceptionele risico's voor mens, dier en milieu. Op zichzelf genomen...more

Social Networking Site Warning Letter to Personal Injury Client

Social Networking by clients has become a ripe hunting ground for defense lawyers and others. Use this form with all new and existing clients....more

New York Law on Extending the Statute of Limitations for Latent Injury Claims

The New York Court of Appeals, New York's highest court, recently provided important guidance on the question of whether an injury that occurred "mere hours" after exposure to a product can be deemed "latent" and thereby give...more

Death Worth Less Than Injury?

This article talks about how damages are calculated in a wrongful death suit in British Columbia. Many people are surprised to learn that grief is not compensable....more

Turn Your Case into a Winning Documentary

Show Them What Your Case is Really Worth. Let TV News Veterans Turn into a Broadcast Quality Documentary for Mediation. Here's what you should know:...more

Insurance Coverage Denied for Designer of Thomas & Friends Toys

Article on 7th Circuit opinion denying insurance coverage for the designer of the "Thomas & Friends" toys. This article was written by Dave Scriven-Young, an attorney with Peckar & Abramson, PC, and was originally...more

Chinese Drywall and Insurance Coverage for Contractors

Chinese Drywall, or that drywall manufactured by companies such as Knauf (Germany) via Chinese factories....more

Chinese Drywall and Insurance Coverage for the General Contractor

This essay was written by Clay Olson during Spring, 2010 as a response to numerous questions regarding "Chinese" Drywall product which remains a newsworthy topic throughought the Southeastern United States. The product...more

Medicare Secondary Payer Statute: New Reporting Requirements For Products Liability And Toxic Tort Clients By Sharon Caffrey,...

Beginning January 1, 2010, extensive new Medicare reporting obligations will apply to insurance companies and other businesses, including products liability and toxic tort defendants that make payments to Medicare...more

Toxic Chemical Exposure - California Toxic Tort Lawyer Warns of Increased Dangers and Injuries to the Public

Toxic chemical exposure lawyers in California and throughout the U.S. are seeing a greater frequency of toxic chemical exposures and this article explains what may well be the cause. We are all more vulnerable to toxic...more

California Toxic Tort Lawyer On Toxic Fumes Exposure Injuries and Deaths at Hospitals, Medical Offices Nursing Homes, Schools,...

The risk of toxic Exposure at hospitals, medical offices, nursing homes, schools, shopping malls and other public places has never been more prevalent. California toxic fumes exposure and personal injury lawyer Sebastian...more

Allocation Ruling: The Second Department “Time On The Risk” Allocation Ruling In Lead Paint Cases Will Not Be “The Last Word”

A New York intermediate appellate court has made a ruling on allocation of the settlement of a lead paint claim between consecutive insurers of the same building. This ruling is significant, not only to lead paint cases, but...more

Settlement Negotiations and Strategy

Settlement Negotiations and Strategy...more

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases...more

Defense Can Chip Away At Lead Paint Lawsuits

Lead Paint Litigation Issues...more

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