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Insureds Must Exhaust Coverage From Solvent Insurers

On September 24, 2013, the New Jersey Supreme Court ruled that policyholders must look to its solvent insurers before seeking benefits from the New Jersey Property-Liability Insurance Guaranty Association (“Guaranty...more

Oregon Enacts Significant Amendment to Environmental Clean-Up Insurance Statute

On June 10, 2013, Governor John Kitzhaber of Oregon signed into law a significant amendment to the Oregon Environmental Cleanup Assistance Act, ORS 465.475 et seq. (the “OECAA Amendment”)....more

5th Circuit Holds Late Notice Bars Coverage Under Buy-Back Pollution Coverage

In its recent decision in Starr Indemnity & Liability Co. v. SGS Petroleum Service Corp., 2013 U.S. App. LEXIS 12425 (5th Cir. 2013), the United States Court of Appeals for the Fifth Circuit, applying Texas law, had occasion...more

Oregon Senate Bill 814 Regarding Environmental Claims Handling Regulations Signed into Law

On June 10, 2013, the governor of Oregon signed into law Senate Bill 814, creating sweeping reforms on environmental claims-handling regulations and available remedies for insureds facing liability for cleanup of contaminated...more

Do Liability Policies, Particularly Pollution Liability Insurance Policies, Exclude Coverage for All Injunctions? The Fifth...

The Fifth Circuit handed down an important decision last week, Louisiana Generating LLC v. Illinois Union Insurance Company, clarifying the scope of coverage under a Premises Pollution Liability Insurance Policy. The...more

Defense Cost Analysis in Complex Environmental Fee Claims

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

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

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

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

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

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

Not An Oscar Winner: A Case About Indemnification

It's hard for me to think of a case I'd rather not write about than GR&S Atlantic Beach, LLC v. Hull, 2012 NCBC 52. It's not just that it's deathly boring or that it involves the interpretation of poorly written transaction...more

State Supreme Court Rules Against Insurers in Stringfellow Acid Pits Case

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

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

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

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 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...

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

California Supreme Court Finds Full Coverage For Long-Tail Environmental Liabilities

New decision makes each insurer responsible for loss if any part occurred during policy period, and bars allocation of damage to the insured. On August 9, 2012, the California Supreme Court ruled in favor of...more

California Supreme Court Adopts "All-Sums-With-Stacking" Rule for Continuous Injury Cases

In a unanimous and long-waited decision, the California Supreme Court today (August 9) adopted the “all-sums-with-stacking” approach to addressing indemnification for continuous injury cases. The decision is The State of...more

Lack of Control by Insured Over Related Companies Results in Denial of Coverage

In Newport Associates, Phase 1 Developers Limited Partnership v. Travelers Casualty and Surety Company, No. HUD-L-3070-09 ( New Jersey L. Div. January 24, 2012), plaintiff developers brought a declaratory judgment action...more

No Coverage for Defense Costs Incurred in Response to CERCLA Demand

U.S. Court of Appeals for the Fourth Circuit In Industrial Enterprises, Inc. v. Penn America Ins. Co., ___ F.3d ___, 2011 WL 925451 (4th Cir. (Md.) March 18, 2011), the U.S. Court of Appeals for the Fourth Circuit ruled...more

Phase 1 Environmental Report in Commercial Real Estate

A Phase 1 Environmental Report is necessary in any commercial real estate purchase and sale....more

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