Source: http://www.lexology.com, March 27, 2015 By: George B. Hall, Jr., Phelps Dunbar LLP A federal court in Texas held that the “your work” exclusion is unambiguous and enforceable, barring a homeowner from collecting under a contractor’s policy a judgment against the contractor for completed work. Feaster v. Mid-Continent Casualty Co., No. 2015 WL 164041, (S.D. Tex. […]

Source: http://www.lexology.com, March 26, 2015 By: Hunton & Williams LLP In a case of significance to property owners, contractors and real estate developers alike, a federal court in Florida recently rejected an insurer’s attempt to avoid coverage for $23 million of damage caused by defective work, finding that the policyholder’s claim raised several genuine issues […]

Source: http://www.jdsupra.com, March 26, 2015 By: Stephen Bagge, Carlton Fields Jorden Burt Claims involving potential coverage for pollution liability pose unique challenges for insurers. In many cases, the polluting activity occurred decades ago and over a large span of time, with only a fraction of the activity occurring during the policy period. As a result, […]

Source: http://www.timesunion.com, March 25, 2015 By: Heather Leibowitz Even though fracking has been banned in New York, fracking on federal public lands is still allowed. Fracking is an inherently risky, dirty and dangerous practice. From the very beginning of clearing a site for drilling, through extraction, transport and delivery of finished products, fracking poses significant […]

Source: http://thinkprogress.org, March 25, 2015 By: Natasha Geiling In a 1970 internal memo, agrochemical giant Monsanto alerted its development committee to a problem: Polychlorinated Biphenyls — known as PCBs — had been shown to be a highly toxic pollutant. PCBs — sold under the common name Aroclor — were also huge business, raking in some […]

Source: http://enr.construction.com, March 5, 2015 By: Nicholas Zeman, with Richard Korman A 12-story hospital addition in Dayton, Ohio that was hailed in 2010 as an advance in modular construction has turned into a major legal headache and source of costly losses to the construction team, its insurers and the project architect. The trouble emerged after […]

Source: http://jespear.com By: Jerome E. Spear, CSP, CIH Feasible Engineering Controls for Welding Operations OSHA requires exposures to hexavalent chromium (Cr[VI]) above the permissible exposure limit (PEL) of 5 micrograms per cubic meter (μg/m3) to be reduced using feasible engineering controls, which is consistent with other substance-specific standards and good industrial hygiene practice. If feasible […]

Source: Watertown Daily Times (NY), March 23, 2015 Posted on: http://envfpn.advisen.com Contaminants most likely dumped from the former New York Air Brake site off Starbuck Avenue decades ago were found and still linger in a small section of Kelsey Creek along the north bank near the North Watertown Cemetery. An environmental consultant, Aecom Technical Services […]

Source: Los Angeles Times, March 21, 2015 Posted on: http://envfpn.advisen.com The deal federal prosecutors struck with Exide Technologies this month to permanently close its battery recycling plant in Vernon and avoid criminal charges marks the beginning of a long and costly cleanup. The plant leaves behind decades’ worth of pollution and hazardous waste, along with […]

Source: http://www.bizjournals.com, March 17, 2015 By: Ben Unglesbee The City of San Diego has filed a lawsuit against Monsanto Company and two related companies over long-standing chemical pollution in San Diego Bay. San Diego, together with the San Diego Unified Port District, filed the suit Friday in U.S. District Court in California’s Southern District. Listed […]

Source: http://www.lexology.com, March 19, 2015 By: Stanley A. Martin, Duane Morris LLP An explosion caused by release of natural gas from a damaged pipe caused personal injury and property damage. Resulting lawsuits against the contractor whose crew damaged the pipe were defended by the contractor’s general liability (GL) carrier, which sought contribution for both defense […]

Source: http://hamptonroads.com, March 20, 2015 By: Sarah Kleiner Varble A Chinese drywall case with a “long and tortured history” took a dramatic turn this week when the manufacturer of toxic imports pledged to pay a 5-year-old debt to seven Hampton Roads families. Taishan Gypsum Co. Ltd. was ordered by a New Orleans judge in April […]