Source: http://www.lexology.com, December 18, 2015 By: Richard C. Bennett, Cozen O’Connor 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 traditional environmental pollution, and not ‘ordinary acts of negligence involving harmful […]

Source: http://www.stripes.com, December 17, 2015 By: Travis J. Tritten WASHINGTON — The Department of Veterans Affairs said Thursday it plans to cover eight diseases newly linked to toxic contaminants once found in drinking water at Camp Lejeune, N.C. Veterans who served at the Marine Corps between 1953 and 1987 could be eligible for medical care […]

Source: http://www.pamplinmedia.com, December 17, 2015 By: Joseph Gallivan Cleaning up 100 years of toxic sludge in the Willamette riverbed could cost anything from tens of millions to a couple of billion dollars, according to experts. However, who will pay for the costly cleanup, no one knows yet. Interested parties on a panel called “Portland Harbor […]

By: Eileen Escudero Wisor, New Day Underwriting Managers LLC New and potentially costly concerns come to the surface for redevelopment and property transactions. Long time in the making, EPA released its final vapor intrusion guidance document in June 2015. Vapor intrusion is the migration of hazardous vapor from contaminated soil or groundwater into the indoor […]

By: Maydelis Torres, New Day Underwriting Managers LLC Many markets now provide Environmental Casualty coverage.  The combination offering of general liability, pollution, automobile and umbrella liability continues to grow. As the market expands, new customers are taking advantage of this innovative way to cover their exposures. Two key exposures that these polices are meant to […]

Source: http://xlcatlin.com, November 23, 2015 Legionella bacteria are one of the top three causes of non-epidemic, community-acquired pneumonia, and are cited as the indoor building contaminant bacteria most likely to result in mortality. Legionella bacteria are found naturally in the environment, usually in warm water. People breathe mists or water vapor that is contaminated with […]

Source: http://www.riskandinsurance.com, December 14, 2015 By: Steve Yahn Legionella remains a costly and deadly foe in real estate, hospitality and other sectors of the economy. Periodic large outbreaks of Legionnaires’ disease, like the one that occurred in New York City this summer, grab a lot of headlines, but in fact many lesser-known cases of the […]

Source: http://www.constructionrisk.com, January 2011 By: J. Kent Holland A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed.   The architect’s motion for partial summary […]

Source: http://www.jdsupra.com, December 15, 2015 By: Traub Lieberman Straus & Shrewsberry LLP In its recent decision in John Sexton Sand & Gravel Corp. v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 2015 U.S. Dist. LEXIS 166699 (N.D. Ill. Dec. 11, 2015), the United States District Court for the Northern District of Illinois had occasion […]

Source: http://www.constructionrisk.com, February 2011 By: J. Kent Holland, Jr. A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under […]

Source: http://www.nwitimes.com, December 14, 2015 By: Keith Benman Gary/Chicago International Airport has entered into a “milestone” agreement with state regulators to contain decades-old contamination and keep it from migrating into the Grand Calumet River. As part of the agreement, the airport has agreed to extend a concrete culvert that loops around the northwest end of […]

Source: vindicator (Youngstown, OH), December 12, 2015 Posted on: http://www.advisen.com The Ohio Environmental Protection Agency had a public meeting this week in the village regarding complaints of a rotten-eggs smell emanating from the Lafarge Lordstown Construction Recovery Landfill on Palmyra Road. Dina Pierce, Ohio EPA spokeswoman, said her agency, the Trumbull County Board of Health, […]