Toxic Torts Insurance Residential Real Estate

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Storing Heating Oil In Residential Tank Is Not An Abnormally Dangerous Activity In New Jersey

The Appellate Division recent held that the storage of home heating oil in an underground storage tank is not an abnormally dangerous activity. In Ross v. Lowitz, the plaintiffs, John and Pamela Ross, owned property that was...more

Absolute Pollution Exclusion Applies Indoors

In Midwest Family Mutual Insurance Co. v. Wolters, et al., — N.W.2d –, 2013 WL 2363239 (Minn. May 31, 2013), the Minnesota Supreme Court joined the minority view in holding that the absolute pollution exclusion applies to...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

Virginia Supreme Court Ends Chinese Drywall Debate

We are pleased to report that the Virginia Supreme Court has tacked down – or, more appropriately, “drywall-ed in” – the issue of whether a pollution exclusion in a property insurance policy precludes coverage for Chinese...more

Insurance Coverage: October 2012

This past quarter brought us the long-awaited decision from the California Supreme Court on stacking of insurance policies. The Supreme Court has ruled that stacking of limits on successive policies is permitted on continuous...more

Failure to Perform Appropriate Pre-Purchase Investigation Renders Buyer Liable for Cleanup

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

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

Environmental Liability and Insurance Coverage in British Columbia: A Primer on Contaminated Sites and Clean-Up Cost Recovery...

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

Lead Paint and Mold Liability Issues Facing Commercial Real Estate Owners

Lead Paint and Mold Liability Issues Facing Commercial Real Estate Owners...more

Appellate Panel Saves Notice Defense in Single Family Lead Paint Cases

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

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