RT ECP News Center

August 19, 2015

Port may sue insurer for $2M for Piney Point spill denial

Source: http://www.bradenton.com, August 19, 2015 By: Matt M. Johnson Attorneys representing Manatee County Port Authority have filed a $2 million complaint against a Chicago insurance company they say failed to pay the port for losses sustained from a toxic spill in 2011. Filed in the 12th Judicial Circuit Court in Manatee County, the suit alleges […]

August 19, 2015

Ninth Circuit Finds Defects in the Construction of a “Known-Loss” Exclusion

Source: http://www.jdsupra.com, August 14, 2015 By: Ashley Harrison Sakakeeny, Carlton Fields Jorden Burt A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work.  Several months later, the mason purchased a commercial general liability policy that expressly excluded coverage for property damage, if an insured “knew […]

August 18, 2015

North Carolina federal court upholds application of pollution exclusion to Chinese Drywall claims

Source: http://www.lexology.com, August 17, 2015 By: T. McRoy Shelley III, Rogers Townsend & Thomas PC NEW NGC, INC. v. ACE AMERICAN INSURANCE CO., Dist. Court, WD North Carolina 2015 – Google Scholar. Insurance carriers have been pretty successful in denying coverage for Chinese Drywall claims, even in jurisdictions where the “middle ground” approach has been […]

August 18, 2015

The Continued Erosion of Coverage Post-'Indalex'

Source: http://www.thelegalintelligencer.com, August 11, 2015 By: Mason Avrigian Jr. and Jeffrey P. Wallack It’s an all-too-frequent fact pattern: construction contractors or subcontractors perform allegedly defective work on a building construction project, resulting in damage not only to the work itself but other aspects of the building. The owner (often an innocent homeowner) has a damaged […]

August 17, 2015

Reconsider Site Pollution for Your Facility

By: Maydelis Torres, August 17, 2015 The recent outbreak of legionella in New York should cause owners of commercial/habitational and industrial properties to reassess exposures at their facilities.  When assessing this exposure, we are often inclined to only consider pollution coverage related to the healthcare or hospitality industries where we typically see legionella cases in […]

August 17, 2015

Another dry cleaner added to NY’s hazardous site registry

Source: http://www.democratandchronicle.com, August 14, 2015 By: Steve Orr Another former dry cleaner, this one at the eastern edge of downtown Rochester, has been added to New York’s Superfund registry of hazardous waste sites. Operators of the former Elite Vogue Dry Cleaners, previously located in the building at 527-533 East Main Street, are believed to have […]

August 17, 2015

Marinwood residents demand cleanup of dry cleaner chemicals

Source: http://www.marinij.com, August 15, 2015 By: Stephanie Weldy Residents long concerned about chemicals from a former dry-cleaning business at Marinwood Plaza are pushing for immediate cleanup of the area. As studies continue on the spread and severity of the toxin PCE, or tetrachloroethene, and other related compounds associated with the dry cleaning solvent, residents say […]

August 17, 2015

Lead contamination found at up to 10,000 southeast L.A. County homes

Source: http://www.latimes.com, August 14, 2015 By: Tony Barboza Soil testing has found that lead contamination from a Vernon battery recycling plant extends over a much larger area than previously estimated, possibly reaching as many as 10,000 homes in southeast Los Angeles County, state environmental officials said Friday. The California Department of Toxic Substances Control had […]

August 17, 2015

Federal court in North Carolina rejects construction of pollution exclusion as limited to “traditional environmental” claims

Source: http://www.lexology.com, August 11, 2015 By: George B. Hall, Jr., Phelps Dunbar LLP A federal court in North Carolina held that a pollution exclusion excludes coverage for property damage and bodily injury resulting from defective drywall. New NGC, Inc. v. Ace American Ins. Co., 2015 WL 2259172 (W.D. N.C. May 13, 2015). A manufacturer of drywall […]

August 14, 2015

Contamination conundrum: State still working to clean up site of former Bemidji wood treatment plan

Source: http://www.bemidjipioneer.com, August 13, 2015 By: Matthew Liedke After years of studying contaminated groundwater left behind from a wood treatment plant in Bemidji’s Industrial Park, the state again is preparing to take corrective action. The Minnesota Department of Agriculture has wells set up at 944 Industrial Park Drive SE and 781 Carr Lake Road SE, […]

August 14, 2015

Kansas City Area Gas Station Sued for Underground Gasoline Contamination

Source: http://www.infozine.com, August 13, 2015 The suit asks the court to order the cleaning up the contamination and to take any additional actions needed to protect residents in the area. Attorney General Chris Koster has filed suit against Zill, LLC, seeking to compel the company to implement its emergency response plan following an underground petroleum […]

August 14, 2015

Insurers not liable in Minnesota farm pollution case

Source: http://greatlakesecho.org, August 14, 2015 By: Eric Freedman Neighbors of a now-defunct dairy operation in northwestern Minnesota have failed for a second time to hold the farm’s insurers responsible for pollution-related problems from manure lagoons on the property. A unanimous state Court of Appeals panel ruled that insurance policies for the former farm near Thief […]

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