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Contaminated Properties Insurance Litigation

Rivkin Radler LLP

Insurance Update - May 18 2022

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You’ll find some notable decisions in our May Insurance Update. Appeals over pandemic-related business interruption losses have made their way up to state high courts. And so far, these courts have continued the trend...more

Wiley Rein LLP

Attorney Communications Regarding Undisclosed Contamination Found to Constitute Late-Noticed “Claim” Under Professional Liability...

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The United States District Court for the Northern District of Illinois has held that communications from counsel for the buyer of a property concerning undisclosed contamination were sufficient to constitute a Claim against...more

Payne & Fears

California Supreme Court Rejects Insurers' Bid for Horizontal Exhaustion Rule in New Montrose Decision

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In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that...more

Pillsbury - Policyholder Pulse blog

A Recent “Event” in Wisconsin: Appellate Court Rules That a Commonly Used London Market “Occurrence” Definition Is Ambiguous

In recent years, Wisconsin generally has been a pro-policyholder jurisdiction when it comes to long-tail environmental coverage cases. That trend continues with a decision by a Wisconsin appellate court in a case involving...more

Stoel Rives - Renewable + Law

Could voluntarily performing environmental cleanup threaten insurance coverage?

Because of the increasing frequency of significant, often multimillion-dollar, environmental claims against businesses and individuals under environmental statutes such as the Comprehensive Environmental Response,...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Petroleum Contamination Litigation: Federal Court Addresses Request for Declaratory Judgment Related to Future Remediation Costs

The U.S. District Court for the District of Oregon (“Court”) addressed a request for declaratory judgment by plaintiff landowners concerning future remedial action costs related to a petroleum release. See Roger Goldingay, v....more

Cozen O'Connor

Alaska Creates Exception to General Rule that Injured Party Cannot Sue Insured’s Carrier

Cozen O'Connor on

The Supreme Court of Alaska in Burnett v. Government Employees Insurance Company, 2017 WL 382648 (Alaska 2017) recently decided in a 3-2 decision that an insurer who voluntarily assumed the responsibility for cleaning up an...more

Beveridge & Diamond PC

Wisconsin Supreme Court Applies Pollution Exclusion to Well Contaminated with Manure

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Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to nearby farmland, relieving a general liability insurer of its duty to...more

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