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Insurance Environmental General Business

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You have an Environmental Insurance Policy. Do you know what the fine print says?

THINK YOU CAN MAKE A CLAIM ON YOUR ENVIRONMENTAL INSURANCE POLICY? You better read the fine print first. *Due Diligence – The mantra is often repeated - take initiative, be proactive. For a variety of reasons a...more

Washington Supreme Court Reaffirms that Pollution Exclusions Do Not Bar Insurance Coverage Where Negligence Is the Primary Cause...

by Beveridge & Diamond PC on

On August 17, 2017, the Washington Supreme Court declined to reconsider its recent landmark ruling in Xia v. ProBuilders Specialty Insurance Co. RRG, 393 P.3d 748 (Wash. 2017), that an absolute pollution exclusion in an...more

Combating climate change: NYDFS calls on insurance industry to help

by Hogan Lovells on

On 26 July 2017, the New York Department of Financial Services (the “NYDFS”) issued Circular Letter No. 9 (2017) (the “Circular Letter”) and a corresponding press release, directed at all life, property/casualty, and health...more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Community Health Options to Focus on Maine by Leaving New Hampshire In 2017, New Hampshire...more

In Indiana, an Absolute Pollution Exclusion May Exclude Absolutely Nothing

by Carlton Fields on

A recent article in the Sports section of The Miami Herald read “Shooting coach helps Winslow.” Perhaps, but it probably didn’t help the coach much. The admonition to “eat every carrot and pea on your plate” undoubtedly...more

Despite Pollution Exclusion, Insurer On Hook for Contamination in Indiana

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Northern District of Indiana rejected the insurer’s assertion that its pollution exclusion clauses unambiguously included all contaminants. Indiana, unlike other jurisdictions, is pro-insured when...more

Colorado Court Applies Notice-Prejudice Rule to Pollution Buy-Back Endorsement

In its recent decision in MarkWest Energy Partners, L.P. v. Zurich American Insurance Co., 2016 Colo. App. LEXIS 956 (Colo. App. July 14, 2016), the Court of Appeals of Colorado had occasion to consider whether Colorado’s...more

Federal Court Dismisses Claims Against Third-Party Administrator

by Carlton Fields on

The Indiana Department of Environmental Management and the Environmental Protection Agency brought certain enforcement actions against Hartford Iron & Metal, Inc. to remediate alleged environmental damage at a scrapyard run...more

The Second Circuit Requires Insureds To Be Truthful With Its Insurers

by Cozen O'Connor on

In a twist on the old adage, “bad facts make bad law”, the Second Circuit’s recent decision in Fireman’s Fund Insurance Company v. Great American Insurance Company of New York, Civil Action No. 14-1346-cv, 2016 WL 2943139 (2d...more

New York Court Holds Pollution Exclusion Applicable to Love Canal Claims

In its recent decision in Cincinnati Insurance Co. v. Roy’s Plumbing, Inc., 2016 U.S. Dist. LEXIS 75958 (W.D.N.Y. June 10, 2016), the United States District Court for the Western District of New York had occasion to consider...more

Oregon Environmental Update: 9th Circuit Finds a Request for Information Letter From EPA Satisfies "Suit" Requirement and Triggers...

by Selman Breitman LLP on

On May 11, 2016, in Ash Grove Cement Co. v. Liberty Mutual Ins. Co., No. 14-35298, in an unpublished Memorandum Opinion, the Ninth Circuit affirmed the District Court’s ruling that under Oregon Law, Liberty Mutual and USF&G...more

When Attorneys General Attack: AGs’ Aggressive Investigation of Climate Change Disclosures, and Getting Your Insurer to Provide...

Who’s afraid of New York’s Martin Act? Right now, a lot of Wall Street and energy industry companies, that’s who. Why are they concerned about the Martin Act? Because it grants the New York State Office of the Attorney...more

North Carolina Court Holds PCB Pollution Not Sudden and Accidental

In its recent decision in PCS Phosphate Co. v. Am. Home Assur. Co., 2016 U.S. Dist. LEXIS 50389 (E.D.N.C. Apr. 14, 2016), the United States District Court for the Eastern District of North Carolina had occasion to consider...more

Lead in Drinking Water: Insurance Coverage Issues

The tragic water crisis in Flint, Michigan raises grave concerns as to the lurking hazards posed by our nation’s aging infrastructure. There are an estimated six million lead service lines in operation in the United States. ...more

Arizona Court Holds Pollution Inapplicable to Faulty Plumbing Claims

In its recent decision in Nat’l Fire Ins. Co. v. James River Ins., 2016 U.S. Dist. LEXIS 19076 (D. Ariz. Feb. 16, 2016), the United States District Court for the District of Arizona had occasion to consider the application of...more

Can Insurance Help You Pay for Coal-Fired Power Plant Decommissioning?

by McCarter & English, LLP on

The environmental remediation costs of decommissioning a coal-fired power plant can be chillingly high—in one proposal we recently reviewed, the environmental costs of a 45-year-old plant with four ash ponds approached $30...more

AIG Bows Out of the Pollution Legal Liability Market

On January 26, 2016, insurance giant AIG announced a major restructuring designed to make it a “more profitable and focused insurer.” Apparently as a result of these efforts to streamline and slim down, AIG has begun...more

New Flood Hazard Maps Released for Boston

by Goulston & Storrs PC on

After several years of study and an appeal by the City of Boston, the Federal Emergency Management Agency (FEMA) has updated Flood Insurance Rate Maps (FIRMs) for Boston, Chelsea, Revere and Winthrop, which become effective...more

The Paris Agreement and Business Interruption Coverage

by Zelle LLP on

“In this world, nothing can be said to be certain, except death and taxes." — Benjamin Franklin On Dec. 12, 2015, in LeBourget, France, world leaders announced an agreement on a climate change accord which they touted as...more

Vermont: First-Party Pollution Exclusions Are Not Confined to Traditional Environmental Pollution.

by Cozen O'Connor on

Courts in a number of American states, notably California, have found that pollution exclusions in first-party policies are “inherently ambiguous” and that the purpose of such provisions is “to address liability arising from...more

In Deepwater Horizon Insurance Coverage Dispute, Fifth Circuit Affirms Favorable Ruling For Policyholders And Certifies Unfair...

by Beveridge & Diamond PC on

In the latest development in the insurance coverage litigation arising out of the Deepwater Horizon oil spill, the U.S. Court of Appeals for the Fifth Circuit affirmed a $50 million finding of coverage, holding that only the...more

Deepwater Horizon Update: Fifth Circuit Rules in Favor of Cameron on Insurance Issues

by Baker Donelson on

The U.S. Court of Appeals for the Fifth Circuit recently issued an opinion ruling in favor of Cameron International Corporation and certifying a question to the Texas Supreme Court on issues arising out of an insurance...more

Laminate Flooring and Chinese Drywall: Where Are We Now?

by Zelle LLP on

On March 1, 2015, television news magazine “60 Minutes” aired a report concluding that Chinese-manufactured laminate flooring sold by Lumber Liquidators contained and “off-gassed” formaldehyde at levels exceeding health and...more

Third Circuit Holds That Terms of Insurance Policy Renewal 'Must be the Same or Nearly the Same as the Initial Contract'

by Reed Smith on

Recently, in a case involving the interpretation of a Pollution and Remediation Legal Liability Policy (the “Policy”), the U.S. Court of Appeals for the Third Circuit held that “for a contract to be considered a renewal, it...more

Texas Court: No Prejudice Required to Deny for Late Reporting Under a Claims-Made Policy

by Cozen O'Connor on

This summer in Nicholas Petroleum, Inc. v. Mid-Continent Cas. Co., 2015 WL 4456185, 2015 Tex. App. LEXIS 7489 (Tex.App., Jul. 21, 2015), a Dallas panel of Texas’ intermediate level appellate court rejected policyholder...more

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