RT ECP News Center

August 21, 2015

Exclusion for defect in material workmanship in construction insurance policy did not apply to deflecting concrete slabs: B.C. appeal court

Source: http://www.canadianunderwriter.ca, August 20, 2015 The British Columbia Court of Appeal has ruled partly against four commercial insurance carriers, in a disputed claim on a course–of-construction policy, arising during construction on a hospital in Victoria. The insurers must pay $8.5 million to the contractor, as a result of a subcontractor placing concrete slabs that were […]

August 20, 2015

After nine years, cleanup at site of former dry-cleaner

Source: http://journaltimes.com, August 18, 2015 By: Michael Burke More than nine years after a cancer-causing dry-cleaning chemical was found at a north side strip center, the building has been razed to allow a soil and groundwater cleanup to begin. The strip center in the 3900 block of North Main Street included a longtime dry-cleaning shop. […]

August 20, 2015

Grout Spill Leads To Contamination Of Robbinsdale Lake

Source: http://minnesota.cbslocal.com, August 19, 2015 A Robbinsdale lake is contaminated after a contractor accidentally released cement grout into a storm sewer Wednesday. Crystal city officials say the accident happened during work on a water main project on County Road 9. The contractor for the Joint Water Commission tried to contain the grout, but residents report […]

August 20, 2015

Contaminated Groundwater at North Smithfield Superfund Site Reaches New Levels

Source: http://www.ecori.org, August 19, 2015 The owner/operators and parties responsible for hazardous substance disposal at the Landfill & Resource Recovery Superfund site have agreed to perform and pay for an investigation and study to evaluate the extent of, and clean-up options for, contaminated groundwater at the site. Until 2014, groundwater samples collected in the monitoring […]

August 20, 2015

Delco agency pays $1.4M over polluting claim

Source: Philadelphia Inquirer, August 18, 2015 Posted on: http://envfpn.advisen.com The Delaware County agency responsible for treating sewage from systems that serve 500,000 area residents has agreed to pay nearly $1.4 million for letting pollutants seep into the Ridley Creek, Chester Creek and the Delaware River. In a lawsuit filed last month, the Delaware County Regional […]

August 19, 2015

Contractors: Do You Need Pollution Liability Insurance?

Source: http://www.info.gibsonins.com/blog, August 19, 2015 By: Gibson Insurance 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 […]

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 […]

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