Source: Miller Insurance The Claimant is the owner/developer of a planned, mixed-use commercial development site. The Insured acted as a design-build contractor responsible for the bulk of the design and construction work at the Project. The Insured’s design was to be based on the Claimant’s architectural design. The Claimant sued the Insured alleging defects and […]

Source: https://www.greatamericaninsurancegroup.com/ A process tank at a recycling wastewater treatment plant malfunctioned. The tank discharged a large volume of untreated wastewater into a nearby stream, causing damage to aquatic life. The local regulatory authority issued fines to the operator of the wastewater treatment plant for the accidental and unauthorized discharge. In addition, several local residents […]

Source: https://www.ehn.org/, April 22, 2025 A decades-long practice of using textile mill sludge as free fertilizer has left nearly 10,000 acres of South Carolina farmland contaminated with toxic PFAS, prompting calls for a sweeping federal cleanup. In short: South Carolina officials are urging the U.S. Environmental Protection Agency to extend Superfund status to farmland around the […]

Source: https://www.greatamericaninsurancegroup.com/ A manufacturing company performed routine drum washing operations. Over time, solvent laced wash water migrated through cracks in the concrete and into the subsurface soils and groundwater. The plume of solvents traveled off site and contaminated a nearby municipal water supply well. Costly remedial technology had to be implemented to provide safe drinking […]

Source: https://www.jdsupra.com/, April 22, 2025 By: Pillsbury – Policyholder Pulse Blog We have previously written on the evolving risks associated with PFAS—also known as “forever chemicals”—and their implications for policyholders navigating environmental liabilities involving both PFAS and PFAS-related chemicals (i.e., fluorinated chemicals that do not fit the definition of PFAS). Our prior analyses explored coverage strategies […]

Source: https://www.constructiondive.com/, April 21, 2025 By: Sebastian Obando A foreign construction equipment maker is betting big on President Donald Trump’s trade policies even as developers cancel billions in clean energy and tech manufacturing projects. JCB, the U.K.-based construction equipment company, plans to double the size of its San Antonio, Texas, factory to 1 million square feet, said […]

Source: Miller Insurance The Insured designed a multi-use pathway with a ramp and with a 6″ wide grass strip between the road and the pathway. In order to save costs, the County told the Insured to eliminate the ramp and shrink the grass strip to 4″. The Insured approved the design change. The Plaintiffs crossed […]

Source: Miller Insurance The Insured provided structural engineering services in the design, detailing and specifications for a fish lab/incubator project with an access roadway. Before construction began, the Architect and Owner value-engineered the project, removing a portion of sheet piling which would have supported the road. The Insured acquiesced to that change even though it […]

Source: https://www.insurancebusinessmag.com/, April 21, 2025 By: Matthew Sellers In a case with sweeping implications for pollution exclusions in commercial general liability insurance, the US Court of Appeals for the Seventh Circuit has certified a key question to the Illinois Supreme Court: whether emissions conducted under a regulatory permit fall within the scope of a pollution […]

Source: https://bostonrealestatetimes.com/, April 18, 2025 Moderna Inc. is suing construction firm The Gutierrez Co., alleging defective work at its Marlborough manufacturing facility caused extensive water leaks, mold, and structural damage, according to a report by Boston Business Journal reporter Hannah Green. The lawsuit, filed in Suffolk Superior Court, claims that Gutierrez failed in the “design and construction […]

Source: https://www.greatamericaninsurancegroup.com/ A small commercial contractor who specialized in retrofits had been disposing of construction debris at a licensed local non-hazardous municipal solid waste landfill for years. A government investigation found numerous pollutants had migrated from the landfill to a nearby property. The contractor, along with numerous other entities were named as Potentially Responsible Parties. […]

Source: https://www.greatamericaninsurancegroup.com/ A contractor was transporting a load of site waste to a nearby landfill. While in transit, the truck overturned on the highway causing the waste to spill into a nearby creek protected by a local wildlife preservation organization. The organization filed a lawsuit, and the contractor ended up facing fines and clean-up costs. […]