Source: http://www.lexology.com, October 1, 2014 By: Phelps Dunbar LLP The South Carolina Court of Appeals recently held that a “your work” exclusion excluded coverage for cost of repairs related to the insured’s subcontractor’s use of defective sealant tape in construction.  Precision Walls, Inc. v. Liberty Mut. Fire Ins. Co., 2014 WL 3610895 (S.C. Ct. App. July […]

Source: http://www.lexology.com, October 1, 2014 By: Phelps Dunbar LLP The U.S. Eighth Circuit Court of Appeals has held that an insurer properly denied coverage of claims arising out of a contractor’s alleged faulty work under a policy in force prior to the passage of Ark. Code. §23-79-155, which mandates that policies define “occurrence” to include […]

Source: http://www.lexology.com, October 10, 2014 By: Vicki R. Harding, Pepper Hamilton LLP Asarco LLC v. Goodwin, 756 F.3d 191 (2nd Cir. 2014) – A reorganized company (Asarco) sought contribution for payment of environmental claims from beneficiaries of trusts created under John D. Rockefeller’s will. The district court dismissed the claims, and Asarco appealed to the 2d […]

Source: http://www.freep.com, October 12, 2014 By: Keith Matheny Michigan’s increasing role in petroleum products transport doesn’t just pose potential risk; it’s already causing problems. An oil pipeline operated by Canadian oil transport giant Enbridge burst near Marshall in July 2010, resulting in the largest inland oil spill in U.S. history. The spill decimated Talmadge Creek, […]

Source: http://www.northjersey.com, October 14, 2014 By: Joe Malinconico Facing cleanup costs that could exceed $1 million, municipal officials say they are hiring an environmental consultant to help them address the piles of debris that accumulated over the years at the city-owned Montgomery Street yard. One of the key questions the company, DeFeo Asociates, is being […]

Source: http://www.propertycasualty360.com, October 14, 2014 By: Barry Zalma Construction defect suits are now flooding the courts of North America in greater numbers every year. The majority of construction defect suits and appellate decisions arise in a few litigious jurisdictions but are spreading across the country like Kudzu. The courts of Texas, Florida, New York, Colorado, […]

Source: http://www.bizjournals.com, October 14, 2014 By: Salem Solomon A new lawsuit alleges that the condominium tower Signature Place in St. Petersburg has numerous construction and design defects. The 36-story residential building is the tallest in St. Petersburg, the Tampa Bay Times said. The suit filed last week in Pinellas County Circuit Court alleges problems including: […]

Source: The News-Item (Shamokin, PA), October 11, 2014 Posted on: http://envfpn.advisen.com An excavation crew is working to remove contaminated soil on the south face of Little Mountain along Trevorton Road. Randy Farmerie, professional geologist manager with the state Department of Environmental Protection (DEP), said the Northridge Group Inc. and Groundwater and Environmental Services Inc. have […]

Source: The Times-Tribune (Scranton, PA), October 12, 2014 Posted on: http://envfpn.advisen.com Chemicals from Keystone Sanitary Landfill are contaminating groundwater — a recurring problem for more than a decade that appears to violate state law, a Sunday Times review of state Department of Environmental Protection tests found. A trend of increasing concentrations of ammonia-nitrogen, chloride, nitrate, […]

Source: http://www.courthousenews.com, October 8, 2014 By: Jack Bouboushian Property owners in Palm Beach County, Fla., may sue an airplane manufacturer for allegedly contaminating the groundwater with toxic chemicals, the 11th Circuit ruled. In two consolidated cases, property owners in “The Acreage” in Palm Beach County sued United Technologies Corporation, d/b/a Pratt & Whitney (P&W), alleging […]

Source: http://swtimes.com, October 11, 2013 By: Chad Hunter Whirlpool Corp. this week responded to criticism from the state that the amount of soil targeted for removal from a contamination hot spot at the company’s shuttered plant “seems inadequate.” A portion of Whirlpool’s property on Jenny Lind Road has been contaminated with trichloroethylene, or TCE, since […]

Source: http://newsitem.com, October 11, 2014 By: Sarah Desantis An excavation crew is working to remove contaminated soil on the south face of Little Mountain along Trevorton Road. Randy Farmerie, professional geologist manager with the state Department of Environmental Protection (DEP), said the Northridge Group Inc. and Groundwater and Environmental Services Inc. have been removing soil […]