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Pollution Liability Insurance

Rivkin Radler LLP

Insurance Update - February 23, 2024

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In this month’s insurance update, we address: •Whether opioid suits allege an occurrence - •Whether the recurring presence of wild turkeys is “infestation” - •Whether improper copying of an industry publication was in...more

Bradley Arant Boult Cummings LLP

District Court Decision Highlights Importance of Prompt Notice of Claim

The United States District Court for the Middle District of Florida recently granted summary judgment for an insurer on a pollution liability policy for lack of timely notice. The court agreed with the insurer that the...more

White and Williams LLP

The Complex Insurance Coverage Reporter – July 2023

Third Circuit questions, but declines to decide, whether Pennsylvania’s “four corners” rule permits an insurer under a claims-made professional liability insurance policy to terminate its defense of the insured based on...more

Lowenstein Sandler LLP

When Insurance and Real Estate Issues Collide: Key Considerations For Leasing or Purchasing Property

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In this episode of “Don't Take No for an Answer,” Lynda A. Bennett talks to Stacey C. Tyler, counsel in Lowenstein’s Real Estate practice group, about some of the key insurance coverage issues that come up when a company...more

Wiley Rein LLP

Massachusetts High Court Rejects Insured’s Claim to Recovery Expenses Incurred to Prevent Business Interruption

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The Supreme Judicial Court of Massachusetts, applying Massachusetts law, has answered a certified question by holding that an insured was unable to recover for costs incurred to prevent an imminent first party loss given the...more

Rivkin Radler LLP

Insurance Update - June 2022

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Coverage disputes often center on whether the policy language is clear. Under the rules of contract construction, unambiguous language in an insurance policy must be given its plain and ordinary meaning. Sometimes,...more

Rivkin Radler LLP

Insurance Update - April 2022

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Cases in our April Insurance Update address several questions: •Are costs incurred to comply with a subpoena covered? •What must an insured show to rebut the presumption of prejudice in a late notice situation? •What...more

Woodruff Sawyer

Environmental Insurance: Can You Afford Not to Purchase It?

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Most real estate being bought, sold, and developed in the United States is not raw, virgin land. The significant majority has a history: agricultural, commercial, industrial, mixed use, residential, etc. ...more

White and Williams LLP

The ABCs of PFAS: What You Need to Know About Liabilities for the “Forever Chemical”

Perfluoroalkyl and polyfluoroalkyl substances, commonly referred to as PFAS or PFOS, have been a key ingredient in numerous industrial and consumer products for decades. These man-made chemicals are prevalent and are also...more

Rivkin Radler LLP

Insurance Update - January 2021

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Courts ended 2020 with a flurry of insurance decisions. Our January 2021 Update highlights some of these decisions, including several by state supreme courts. We begin with a new twist on pandemic-related claims. ...more

Rivkin Radler LLP

Judicial Panel on Multidistrict Litigation Centralizes Some COVID-19 Related Insurance Cases

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Judicial Panel on Multidistrict Litigation Centralizes Some COVID‐19 Related Insurance Cases As reported in our September update, the Judicial Panel on Multidistrict Litigation at its July 2020 hearing session requested...more

Rivkin Radler LLP

New York Insurance Coverage Law Update

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SUM Endorsement In Commercial Automobile Policy Issued To LLC Deemed To Cover Its Sole Member As “Insured” Alan Tekel was struck by a vehicle.  After Tekel settled with the driver of the vehicle for the full limit of the...more

Greenbaum, Rowe, Smith & Davis LLP

COVID-19 Insurance Update: Companies Should Evaluate Risk Management Tools in Place, Including Pollution Legal Liability (PLL)...

Among the many critical business issues to be addressed within the context of COVID-19 place, such as insurance policies, which may be of help to mitigate some of the costs incurred during the coronavirus emergency....more

Bennett Jones LLP

Will My Insurance Cover COVID-19 Losses?

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In addition to the global health implications of COVID-19, voluntary and mandatory restrictions being implemented in an effort to "flatten the curve" of infection rates are disrupting business operations across a broad range...more

Burr & Forman

Burr Alert: Coronavirus (COVID-19) & The Coming Insurance Claims

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As the global coronavirus (COVID-19) pandemic accelerates, so too are the attendant disruptions businesses face, from workplace closures to supply chain disruptions and severe travel restrictions. As a result of these...more

Cozen O'Connor

California High Court Holds That Notice-Prejudice Rule May Override Choice of Law Clause

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Although California courts generally enforce an insurance policy’s choice of law provision, a long-recognized exception is when the other state’s law conflicts with California’s fundamental public policy. See, e.g. Nedlloyd...more

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

Asbestos/Insurance Coverage: New York Court Addresses Defense/Indemnity Obligations Related to Alleged Criminal Clean Air Act...

The New York Supreme Court (Appellate Division) addressed in a February 2nd decision whether three insurance companies had any obligation to defend or indemnify a company who was subject to criminal proceedings related to an...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

Payne & Fears

California Court of Appeal Issues Important Decision Impacting When Policyholders Can Tap Into Excess Insurance

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In Montrose Chemical Corporation of California v. Superior Court , ___ Cal. App. 4th ___, No. B272387, 2017 WL 3772568 (Cal. Ct. App. Aug. 31, 2017), the California Court of Appeal issued a decision that has the potential to...more

McCarter & English, LLP

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

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

Foley Hoag LLP - Environmental Law

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

K&L Gates LLP

Ninth Circuit Affirms “Absurd” Denial of Insurance Coverage, Highlighting Important Considerations for Marine Insurance...

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Marine insurance policyholders should be aware that the laws governing marine insurance are not always favorable to them. A recent decision from the United States Court of Appeals for the Ninth Circuit is the latest example....more

Orrick, Herrington & Sutcliffe LLP

Policyholder Insider Quarterly

Makers and Users of Smart Devices Beware: You May Have a Critical and Costly Gap in Your Insurance Coverage - The drumbeat of high-profile data breaches has led to rapid growth in the number of companies purchasing or...more

Manatt, Phelps & Phillips, LLP

Insurance Recovery Law - February 2015 #2

Separate Contract Serves to Limit Insurance Coverage for Deepwater Horizon Spill, Texas Supreme Court Rules - Why it matters: The Texas Supreme Court rejected BP’s $750 million claim for coverage under Transocean...more

Foley Hoag LLP - Environmental Law

Be Careful With Pollution Insurance Coverage Disclosures – How Conditions Actually Disclosed Were Deemed Not Disclosed

A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them. In Market Forge Industries, Inc. v. Indian Harbor Insurance Company, the Appeals Court of...more

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