Toxic Torts, Insurance, Commercial Real Estate

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

by Robert S. Sanoff | Foley Hoag LLP - Environmental Law on 5/22/2013

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

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

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

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

Not An Oscar Winner: A Case About Indemnification

by Brooks Pierce on 10/16/2012

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

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