RT ECP News Center

July 17, 2024

Pollution Exclusion Coverage Update

Source: https://www.lexology.com/, July 15, 2024 By: Plunkett Cooney PC The New York Supreme Court, Appellate Division, reversed the trial court’s decision denying the plaintiff insurers’ motion for summary judgment on the applicability of pollution exclusions in their policies. The appellate court concluded that the insurers did not have a duty to defend or indemnify the […]

July 16, 2024

Resident Retaliation

Source: https://www.berkleysp.com/ An apartment resident filed a housing discrimination complaint against the property manager (our policyholder) with the county’s Human Rights and Relations Department (HRRD), alleging that the property manager failed to repair defective  conditions in the apartments (water damage, mold and mildew) leading to health issues, increased utility bills and retaliation when complaints were […]

July 16, 2024

Contaminated soil costs Saline $2.3 million in wastewater treatment plan

Source: https://www.mlive.com/, July 16, 2024 By: Sam Jane Saline’s nearly three-year, $62-million construction project to upgrade its aging wastewater treatment plant recently encountered a $2.3 million problem. The city was informed that low levels of contaminating PFAS were found present in on-site soils. As a result, soil removal costs will more than quadruple from the […]

July 16, 2024

Iowa Court of Appeals Issues Opinion Shielding Home Designer From Liability Following Contractor’s Defective Work

Source: https://www.lexology.com/, July 12, 2024 By: Jodie Clark McDougal and Jackson G. O’Brien, Fredrikson & Byron PA When homeowners discover defective construction, it can be difficult to understand and remedy the issues. It can be even more difficult to determine which parties are responsible. The Iowa Court of Appeals recently offered some clarity in Yakel v. […]

July 12, 2024

Lost in Transaction

Source: https://www.berkleysp.com/ A real estate agent represented the seller in the sale of their house to a contractor for more than $2 million. The contractor/purchaser financed the property with a first mortgage loan from a private lender and two notes from the seller in the combined amount of $770,000, which were all secured by the […]

July 12, 2024

‘Practices like this kill people:’ Wrongful death lawsuit filed over hangar collapse

Source: https://boisedev.com/, July 10, 2024 By: Sydney Kidd The families of two men killed in the Jackson Jet hangar collapse in January filed a wrongful death lawsuit against multiple contractors on the job. The families of Mariano Coc Och and Mario Sontay Tsi claim Big D Builders, Steel Building Systems, Inland Crane, and Speck Steel “rushed” the […]

July 11, 2024

Maywood residents sue polluter over exposure to cancer-causing chemical

Source: https://lapublicpress.org/, July 10, 2024 By: Alfredo Santana Twelve residents of Maywood, all diagnosed with cancer, have filed a class-action lawsuit against a company that sterilizes medical equipment for allegedly leaking, over decades, a toxic carcinogen that, the residents say, has led to a cancer cluster in the small Southeast LA city. The residents are […]

July 11, 2024

Southern California methane leak was largest in U.S. history

Source: https://pubs.acs.org/, February 29, 2016 By: Elizabeth Wilson Engineers finally capped the massive methane leak in Southern California earlier this month. The leak, at the Aliso Canyon natural gas storage facility, had spewed the potent greenhouse gas into the atmosphere for more than three months. Now scientists, engineers, and policy-makers are assessing the disaster’s ramifications, […]

July 11, 2024

Massive oil spill off California coast shuts down beaches, cancels air show

Source: https://www.abc27.com/, October 3, 2021 By: Kristine de Leon, Christina Pascucci A massive oil spill off the Southern California coastline has prompted the closure of beachfront areas from the Huntington Beach Pier down to Newport Beach, according to city officials Sunday morning. At least 126,000 gallons (98,420 liters) of oil spilled into the waters off […]

July 9, 2024

Seen and Unseen

Source: https://www.berkleysp.com/ A home buyer alleged that a real estate agent failed to disclose issues with the garage drainage, lack of foundation and unpermitted construction on a residential property they purchased. Most of the alleged deficiencies were identified in a pre-closing inspection report and the purchase price was negotiated accordingly. However, other alleged deficiencies were […]

July 9, 2024

Eagle Mill developers say they’re undertaking a cleanup for contaminants at site in Lee

Source: July 9, 2024 By: Josh Landes A mill redevelopment project in Lee, Massachusetts is working to clean up chemical contaminants as it continues its long journey to fruition. The Eagle Mill campus sits on the banks of the Housatonic River in the heart of Lee. The $80 million project to transform the former industrial […]

July 9, 2024

Managing risk: what the EPA’s TSCA chemical use bans tell us

Source: https://www.financierworldwide.com/, August 2024 The US Environmental Protection Agency (EPA) recently issued final risk management rules under the Toxic Substances Control Act (TSCA) banning certain uses of two chemicals: chrysotile asbestos and methylene chloride. The identity of these two chemicals is less important than the process by which the EPA concluded that the banned uses […]

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