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Fein, Such, Kahn, & Shepard: Estate Planning
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Highlights from Day Three of Health Care Arguments [audio]
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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
In some jurisdictions, an environmental claim under a liability policy with a “sudden and accidental” pollution exclusion has the same prospect of success as a due process claim under the strict scrutiny standard — strict in...more
What you need to know:
The US First Circuit Court of Appeals affirmed the trial court’s pro-rata, time-on-the-risk allocation of damages from environmental contamination in the long-running Boston Gas case. The court...more
Superstorm Sandy, which made landfall near Atlantic City, N.J. on October 29, 2012, brought virtually unprecedented destruction to a large swath of the northeastern United States including, in particular, coastal New Jersey,...more
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
Federal courts placed a premium on up-to-date legal work in their 2011 Superfund decisions, as decisions turned increasingly on careful compliance with the latest pleading requirements and closer readings of the statutory...more
Supreme Court of South Dakota
In Demaray v. De Smet Farm Mut. Ins. Co., ___ N.W.2d ___, 2011 WL 2937284 (S.D. July 20, 2011), the Supreme Court of South Dakota held that an underlying suit did not fall within an...more
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
New Jersey Law Journal
False Reporting of Fraud Can Lead to Bad-Faith Liability
By Michael J. Faul, Jr. and Lin C. Solomon...more
Changes to regulations and homeowners insurance for 2011 regarding fuel-oil-based home heating systems, and owner liability for environmental damage....more
IN THIS ISSUE:
*$8 B in green grants announced
*Green Building Focus: Recap of Webcor/Navitas Executive Forum
*CBIA endorses 2 'green building' programs
*Farmers Insurance offers Eco-Rebuild
In this issue:
*Real estate firms awarded grants to find energy solutions
*Green Building Focus: Report on bringing IT to water management
*San Francisco issues solar challenge to 1,500 firms
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
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