Source: http://www.lexology.com, June 30, 2015 By: Thomas B. Alleman, Dykema Gossett PLLC On Friday, May 26, 2015, a closely divided Texas Supreme Court issued McGinnes Industrial Maintenance Corp. v. The Phoenix Insurance Co., No. 14-0465, (Tex., June 26, 2015), holding that a demand letter from the EPA to a potentially responsible party (“PRP”) under CERCLA and administrative […]

Source: http://www.lexology.com, June 25, 2015 By: William J. Walsh, Pepper Hamilton LLP Business and legal risks to health care companies reach far beyond scientific uncertainties in the prevention protocols for infectious diseases due to lack of clarity among regulators with public health responsibilities. THE DILEMMA The host of exposure and risk issues raised by the […]

Source: http://www.constructionexec.com, June 29, 2015 By: Eric C. McAllister The vast majority of construction projects are insured through commercial general liability (CGL) policies obtained and maintained by general contractors and their subcontractors. As a means of exercising control over the coverage, many developers include provisions in their prime contracts requiring contractors to maintain the same level of coverage for a […]

Source: http://www.insurancejournal.com, June 29, 2015 By: Brian Bakst The Science Museum of Minnesota, a major tourist attraction that opened its new, $100 million home just 15 years ago, has serious water infiltration problems that could leave state taxpayers with a hefty repair bill. Museum leaders have approached state officials and legislators with a $26 million […]

Source: http://www.lexology.com, June 25, 2015 By: Zachary D. Ludens, Carlton Fields JOrden Burt A notorious moving target in the field of coverage litigation is an insurer’s responsibility under a commercial general liability policy for the policyholder’s faulty workmanship.  The key question is usually whether the defect in workmanship is an “occurrence” within the meaning of a […]

Source: http://www.lexology.com, June 25, 2015 By: Robert C. Epstein, Greenberg Traurig LLP A breakdown of four problem areas Every project owner wants a successful construction project—one that finishes on time, on budget, without defects in design or construction and with minimum conflict among the project parties. To minimize problems and maximize the chances of success, […]

Source: http://www.kshb.com, June 25, 2015 By: Melissa Yeager Leaky tank first discovered in 2006 Near 31st and Cleveland, Willie Gaston spends his summer days outside his home. He’s periodically had to evacuate and move to a hotel due to a strong smell of gasoline permeating the air inside his home. “It hurts your eyes and just have to […]

Source: http://www.insurancejournal.com, June 26, 2015 By: Daniel Wallis A U.S. appeals court has ruled a decades-old pollution case over nuclear weapons production in Colorado should be sent back to the district court that in 2006 ordered companies that ran the facility to pay damages of $353 million. “This long lingering litigation deserves to find resolution […]

Source: http://pensacolatoday.com, June 25, 2015 Environmental groups and Gulf Power Corp. have reached a settlement in a legal fight about allegations that harmful pollutants leaked into Northwest Florida’s Apalachicola River from the site of a coal-fired power plant. The groups Apalachicola Riverkeeper, the Southern Alliance for Clean Energy and Waterkeeper Alliance last year filed the […]

Source: http://www.lexology.com, June 23, 2015 By: Daniel H. Thompson, Berger Singerman LLP The existence of groundwater or soil contamination on commercial property is common in Florida and often can throw a monkey wrench into a commercial real estate transaction.   The Florida Department of Environmental Protection (“FDEP”) has two rules, Chapters 62-777 and 62-780, Florida Administrative […]

Source: San Francisco Chronicle, June 18, 2015 Posted on: http://fpn.advisen.com The investigation into the cause of the Berkeley apartment balcony collapse that killed six people and injured seven focused Wednesday on the company that constructed the building – a firm that has paid more than $6 million in the past two years to settle lawsuits […]

Source: http://www.lexology.com, May 20, 2015 By: Amy B. Briggs, Donna M. Carlton, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis and Robert H. Shulman, Manatt Phelps & Phillips LLP Why it matters: A New Jersey appellate panel ruled that an insured’s settlement of an underlying action involving alleged defective installation of windows was reasonable and […]