In my last blog, I discussed the seminal ruling in Chisholm’s-Village Plaza, LLC v. Travelers Insurance Co., et al.; No. 2:20-cv-00920-JB-KRS, in which the United States District Court for the District of New Mexico analyzed...more
In my last blog, I noted that there is no case law under CERCLA analyzing whether an insurer may rely upon the absolute pollution exclusion to avoid the duty to defend where a complaint for cost recovery alleges joint and...more
Despite the myriad CERCLA cases on the books, there is little – if any – jurisprudence dissecting the so-called “absolute pollution exclusion” in a comprehensive general liability insurance policy and the insurers’ obligation...more
6/17/2021
/ CERCLA ,
Commercial General Liability Policies ,
Denial of Insurance Coverage ,
Discharge of Pollutants ,
Duty to Defend ,
Environmental Protection Agency (EPA) ,
Hazardous Substances ,
Insurance Claims ,
Insurance Litigation ,
Joint and Several Liability ,
Policy Exclusions
Since the beginning of recorded mineral law, the owner of the mineral interests has enjoyed an elevated status in its relationship with the surface owner, resulting in the universally accepted notion that the mineral estate...more
8/12/2019
/ Dominant Estates ,
Easements ,
Environmental Claims ,
Environmental Protection Agency (EPA) ,
Environmental Violations ,
Land Owners ,
Mineral Exploration ,
Mineral Leases ,
Mineral Rights ,
Oil & Gas ,
Public Forum ,
Restrictive Covenants ,
Subsurface Estates ,
Surface Estates ,
Surface Owner