Source: http://www.courant.com, November 13, 2015 By: Peter Marteka The town will keep its pollution liability insurance policy on the old tank farm for another five years, but will lower it to $3 million. The farm – more than a dozen huge, rusting oil tanks – was once located where the Riverfront Community Center and fairgrounds […]

Source: http://www.lexology.com, October 27, 2015 By: Michael R. Bosse, Bernstein Shur Sawyer & Nelson PA In a widely reported case in Massachusetts, Coghlin Electrcial v. Gilbane Building Company, the Massachusetts Supreme Judicial Court upheld the implied warranty for the accuracy of plans and specifications from an owner in a context of a construction manager at risk […]

Source: The New York Times, November 10, 2015 Posted on: http://www.advisen.com As Lumber Liquidators continues to struggle after a safety crisis over its Chinese-made laminate flooring, a much smaller flooring company has been drawn into the spotlight. The hedge fund manager who publicly accused Lumber Liquidators of selling wood with dangerous levels of formaldehyde is […]

Source: http://www.info.gibsonins.com/blog/, August 19, 2015 Pollution liability should not be overlooked. Claims, and the costs associated with those claims, can be expensive. They can test the financial stability of even the best of companies. Standard commercial general liability policies will often exclude coverage for the escape of pollutants and the associated clean-up costs. In many […]

Source: http://www.startribune.com, November 12, 2015 By: Jessie Van Verkel Negotiations between owner and state unsuccessful so far. Any company or municipality that used a Burnsville landfill over its two decades of operation could be on the hook to help pay millions to clean it up if the property owner and the state can’t agree on […]

Source: http://www.fox9.com, November 11, 2015 By: Tom Lyden After it opened in 1917, the Reilly Tar Company in St. Louis Park, which was also know was the Republic Creosoting Company, churned out creosote, a chemical used to preserve wood products like rail road ties. However, while the company was humming along, it was also churning […]

Source: http://ecowatch.com, November 11, 2015 By: Lorraine Chow Embattled agritech giant Monsanto is facing fresh litigation over harm caused by polychlorinated biphenyls (PCBs), a highly toxic chemical that the company manufactured decades ago. The city of Oakland, California filed a lawsuit that holds Monsanto accountable for allegedly contaminating of the city’s storm water as well […]

Source: http://www.lexology.com, November 5, 2015 By: Alexander J. Bandza, Jenner & Block PRACTICAL POLICYHOLDER ADVICE Insurers cannot always rely on broad, general exclusions, particularly when specific exclusionary language exists and is used in the insurance marketplace. Certain jurisdictions interpret the pollution exclusion more expansively than others, see, e.g., Certain Underwriters at Lloyd’s London v. C.A. […]

Source: Ironshore Environmental, November 2015 An asbestos abatement contractor was doing remediation in tunnels below a correctional institution. Lawsuits were filed on behalf of inmates alleging bodily injury from exposure to asbestos. After spending $425k in defense expenses, it was determined that the contractor was not liable for any damages potentially incurred.

Source: Ironshore Environmental, November 2015 A contractor installed a liner at a gypsum stack. The liner subsequently leaked. The contractor was obligated to contribute $1M towards the $15M cleanup of a neighboring waterway. $4M in defense expenses were incurred to get to settlement.

Source: http://www.constructionbusinessowner.com, November 2015 By: Jeff Slivka, New Day Underwriting Managers LLC Consider these insurance trends when working with design firms The American Institute of Architects’ (AIA) semi-annual Consensus Construction Forecast recently projected that spending will increase by nearly 9 percent this year, with another 8 percent gain in 2016. Size is also an issue. […]

Source: http://enewsletters.constructionexec.com, October 26, 2015 By: Robert D. Chesler & Janine M. Stanisz The question of whether and when a contractor can obtain insurance coverage for damage caused by a subcontractor’s faulty work has been fought out in a state-by-state basis in courts across the country. In July, the New Jersey Appellate Division and the […]