RT ECP News Center

October 7, 2014

Thousands May Get Damages in Chinese Drywall Suit

Read here about damages that may be paid to thousands of homeowners whose homes were ruined by Chinese Drywall.

October 2, 2014

Oil spill cleanup planned at New Haven’s former English Station power plant

Source: http://www.nhregister.com, October 1, 2014 By: Luther Turmelle The Coast Guard is preparing for an environmental cleanup inside the former English Station power plant after oil from the facility apparently went into the Mill River last month. The Coast Guard was contacted Sept. 15 by the state Department of Energy and Environmental Protection after several […]

October 2, 2014

Settlement with Passaic River polluter nets $190 million, $147.5 million goes to state budget

Source: http://www.northjersey.com, October 2, 2014 By: Meghan Grant The Attorney General’s and Department of Environmental Protection (DEP) offices announced that Occidental Chemical Corp., identified by the state as a principal defendant, has agreed to pay New Jersey $190 million to resolve its liability for cleaning up the Passaic River. The settlement comes on the tail […]

October 2, 2014

Florida Law Permits Limitations of Liability Clauses for Design Professionals

Source: http://www.stites.com By: Stephen M. Reams, Stites & Harbison Client Alert Florida enacted legislation making limitation of liability clauses for design professionals enforceable when certain conditions are met.  The new law, passed last year, reverses the decision of a Florida appellate court that ruled in 2010 that any limitation of liability clause purporting to limit […]

October 2, 2014

NE Supreme Court issues insurer-friendly decision on the applicability of the pollution exclusion

Source: http://www.lexology.com, September 30, 2014 By: Kevin Kamraczewski and Megan E. Whitehill, Cozen O’Connor In interpreting the scope of the pollution exclusion, one question seems to appear in case after case — what exactly does the pollution exclusion exclude? In State Farm Fire & Casualty Company v. Dantzler, 289 Neb. 1 (2014), the Supreme Court of […]

September 30, 2014

Pennyslvania DEP admits drilling probe error

Source: Pittsburgh Post-Gazette, September 29, 2014 Posted on: http://envfpn.advisen.com The state Department of Environmental Protection might have used incomplete and inaccurate test information to decide whether chemicals leaking from a Marcellus Shale wastewater impoundment and a drill cuttings pit contaminated a water well and springs in Washington County. The disclosures came last week during sworn […]

September 29, 2014

Demolition unearths legacy of toxic pollution at Milwaukee plant

Source: http://www.jsonline.com, July 13, 2014 By: Don Behm The abandoned Milwaukee Die Casting plant’s legacy of toxic chemical contamination is being fully revealed this year in its demolition — a cleanup that could cost former operators as much as $10 million, federal and state environmental officials said. Much of the expense will come from properly […]

September 29, 2014

Managing liability claims for healthcare facilities

Source: http://www.propertycasualty360.com, September 25, 2014 By: Amanda Duncan Environmental issues and regulations impact coverage There are literally tens of thousands of medical facilities throughout the U.S., from large hospital campuses to corner drugstores. The healthcare industry is growing rapidly and facilities will continue to expand to match patient and technology demands. As the industry evolves, […]

September 29, 2014

Nebraska Appellate Court Gets Down to Earth to Hold That Faulty Workmanship Standing Alone Is Not An “Occurrence”

Source: http://www.jdsupra.com, September 25, 2014 By: Michael McNaughton, Sedgwick LLP The insurance and construction industries have disagreed about coverage claims involving faulty workmanship for many years.  Contractors believe their CGL insurance policies should always cover property damage caused by defects and poor workmanship, and insurance carriers resist insuring business risks that are solely within a […]

September 29, 2014

Indalex v. National Union: another win for policyholders in construction cases

Source: http://www.lexology.com, September 25, 2014 By: Peter D. Laun, Jones Day On September 18, 2014, the Pennsylvania Supreme Court rejected the petition for allowance of appeal filed by National Union of the Superior Court’s decision in Indalex Inc. v. National Union Fire Insurance Co. of Pittsburgh PA, 83 A.3d 418, 421 (Pa. Super. Ct. 2013).  […]

September 29, 2014

Extensive harbor cleanup begins after Port of L.A. fire

Source: Los Angeles Times, September 28, 2014 Posted on: http://fpn.advisen.com Port of Los Angeles authorities are beginning an extensive harbor cleanup in the aftermath of a fire that burned through much of a wharf and released toxic gases and smoke into surrounding communities. The largest fire at the port in decades erupted Monday night, devouring […]

September 29, 2014

Pollution exclusion doesn’t bar coverage for worker exposed to hazardous chemicals that were not “dispersed”

Source: http://www.lexology.com, September 22, 2014 By: Amy B. Briggs, David B. Killalea , Stephen T. Raptis, Robert H. Shulman and Susan P. White, Manatt Phelps & Phillips LLP Why it matters A federal district court in Texas strictly construed a pollution exclusion in finding that hazardous materials embedded in mud were not “dispersed” and thus […]

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