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Discharge of Pollutants Property Damage

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

Coal Tar/Property Damage Action: New Jersey Appellate Court Addresses Statute of Limitations Issue

The Appellate Division of the Superior Court of New Jersey (“Court”) addressed in a June 20th opinion several issues associated with a landowner’s lawsuit alleging damages caused by coal tar originating from an adjacent...more

Jones Day

Not for Bermuda Only—"Bermuda Form" Pollution Insurance for Hurricanes Harvey and Irma

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If your company has insurance under the so-called "Bermuda Form" of liability insurance, it might have coverage for property damage or personal injury that otherwise might be excluded by a pollution exclusion. But prompt...more

Beveridge & Diamond PC

Kentucky Federal Court Holds Tort Claims Not Preempted by Clean Air Act

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State common law tort claims based on air emissions from a power plant are not preempted by the federal Clean Air Act (CAA), according to the U.S. District Court for the Western District of Kentucky. The court agreed to...more

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New York Supreme Court Pro Rata Allocation for MGP Sites on Long Island Clarifies Self-Insured Periods

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A New York State trial court judge applied a pro rata time on the risk allocation for pollution from manufactured gas plants on Long Island. Keyspan Gas East Corp. v. Munich Reinsurance America, Inc.,Index No. 604715/1997,...more

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