RT ECP News Center

December 8, 2014

Construction Policies Often Cover Liability Claims

Source: http://www.ctlawtribune.com, December 1, 2014 By: Ryan M. Suerth and Mark A. Rosenblum, The Connecticut Law Tribune Some contractors, developers are unaware that insurance covers lawsuit defense Oftentimes, insurance policyholders in the construction industry (e.g., contractors, developers, manufacturers, suppliers) fail to consider their insurance policies when a lawsuit is brought against them alleging liability arising […]

December 5, 2014

Insurance to cover $17,000 in damages from Line Mountain oil spill

Source: http://www.dailyitem.com, December 4, 2014 By: Justin Strawser The Line Mountain School Board will receive more than $17,000 from its insurance provider to cover damages related to a heating oil leak inside a former district property, but Liberty Mutual will not be covering the costs of cleaning up the Lower Mahanoy Township Municipal Authority wastewater […]

December 3, 2014

Old Grant County gas station site must be cleaned up, state says

Source: http://host.madison.com, December 2, 2014 By: Bill Novak An old contaminated gas station site in Grant County must be cleaned and made environmentally safe, according to a judgment made against the owner in a case dating back to 2000. The Wisconsin Attorney General’s Office said on Monday that Illinois resident William Davis, owner of the […]

December 3, 2014

Fifth Circuit reverses itself on contractual liability exclusion

Source: http://www.lexology.com, November 25, 2014 By: Phelps Dunbar LLP The U.S. Fifth Circuit Court of Appeals recently granted a motion for reconsideration and then withdrew and reversed its earlier opinion based upon answers to a certified question from the Texas Supreme Court in another case. The Fifth Circuit’s panel explained that it did not understand […]

December 3, 2014

Waunakee manure plant polluting the air as well as water, DNR alleges

Source: Wisconsin State Journal, November 29, 2014 Posted on: http://envfpn.advisen.com The spill-plagued Clear Horizons manure processing plant near Waunakee is now facing nearly 90 alleged air pollution violations on top of a slate of water pollution problems regulators want a judge to remedy. The plant’s electrical generators are belching excessive amounts of toxic formaldehyde and […]

December 3, 2014

Apartment Complexity: Appellate Court Sorts Out Multiple Coverage Claims for Construction of Uninhabitable Residence

Source: FARS News Agency, November 27, 2014 Posted on: http://fpn.advisen.com In QBE Ins. Corp. v. Adjo Contracting Corp. (N.Y. App. Div. 2d Dep’t Oct. 29, 2014), an intermediate appellate court in New York confronted cross-appeals involving 15 different insurers embroiled in multiple lawsuits, including consolidated class actions. The core issue of the case was whether […]

December 3, 2014

Construction Management Standard of Care

Source: Nautilus Consulting, LLC As was reported in the November 14, 2012 issue of DelmarvaNow.com (http://tinyurl.com/b4bmuon) a jury has ruled that the construction manager hired to oversee and manage the construction of the bungled sewage treatment plant upgrades in Salisbury, MD must return $2.1 million of what it had already been paid for the work. The […]

December 3, 2014

Rising Opportunity with Owner’s Professional Protective

Source: http://www.constructionbusinessowner.com, November 24, 2014 By: Jeff Slivka Supplement professional liability insurance with owner-specific indemnity coverage There is no set way to define the American economic recovery. One report seems to contradict another. Optimism is shared with pessimism. Gains seem to accompany setbacks on a daily basis. However, the good news is there has been […]

December 2, 2014

Court's Reasoning That "Bacteria" Is Not A "Pollutant" Favorable For Policyholders In Other Cases

Source: http://www.mondaq.com, November 22, 2014 By: Michael H.. Sampson and Caitlin R. Garber, Reed Smith Insurance companies often look to the pollution exclusions in their commercial general liability policies in attempts to exclude coverage for many types of claims. They will try to fit all sorts of things within the definition of “pollutants.” Just last […]

November 25, 2014

Ninth Circuit enforces waiver of subrogation clause in design/build agreement against post-construction property insurer

Source: http://www.lexology.com, November 19, 2014 By: Jeffrey R. Mullen, Pepper Hamilton LLP Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals.  Tourism and Sports Authority (the “Owner”) entered into a […]

November 25, 2014

AT&T to pay California $52 million in hazardous waste disposal settlement

Source: http://news.yahoo.com, November 21, 2014 By: Steve Gorman, Reuters AT&T Inc will pay $52 million in civil penalties and environmental compliance as part of a settlement with California over illegal dumping of hazardous waste but won’t be required to clean up the resulting contamination, state officials said on Thursday. State officials said it marked the […]

November 25, 2014

CA Company to Pay Millions Over Toxic Waste

Read here about a recycling company in California that will pay over $2 million to settle a case regarding handling of toxic waste.

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