Residential Real Estate

Read Toxic Torts news, alerts, and legal commentary from leading lawyers and law firms:

News & Analysis as of May 22, 2013

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

Virginia Supreme Court Ends Chinese Drywall Debate

by Andrea Cortland | Cozen O'Connor on 11/8/2012

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

by Low, Ball & Lynch on 10/11/2012

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

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

WEEKLY LAW RESUME™ - Coverage: Pollution Exclusion - Asbestos

by Low, Ball & Lynch on 8/29/2011

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...

by Clark Wilson LLP on 11/1/2006

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