RT ECP News Center

August 6, 2014

Eleventh Circuit affirms district court holding under Alabama law that policies are not triggered by property damage occurring prior to inception

Source: http://www.lexology.com, August 4, 2014 By: George B. Hall, Jr., Phelps Dunbar LLP The U.S. Eleventh Circuit Court of Appeals has affirmed a district court’s findings that CGL policies issued decades after property contamination do not cover an insured’s liability for environmental damage and that insurers were not in bad faith for their denial of […]

August 5, 2014

Contractor's CGL policy doesn't cover subcontractors' faulty work: Appeals court

Source: http://www.businessinsurance.com, August 4, 2014 By: Judy Greenwald A construction company’s commercial general liability insurance policy does not provide coverage for faulty workmanship or subcontractor negligence, says an appeals court, in upholding a lower court ruling. Little Rock, Arkansas-based J-McDaniel Construction Co. Inc. purchased a CGL policy from a unit of the Great American Insurance […]

August 5, 2014

A South Carolina court reaches the right decision using the wrong exclusion

Source: http://www.lexology.com, August 1, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP The so-called “business risk” exclusions in the standard Commercial General Liability policy are not models of clear drafting.  But it’s surprising, nonetheless, how often courts simply cannot figure out how to apply them correctly even to a simple set of facts.  […]

August 5, 2014

Caltrans to defend Bay Bridge at state hearing

Source: http://www.sfgate.com, August 4, 2014 By: Jaxon Van Derbeken Top Caltrans officials are expected to respond Tuesday to accusations that they “gagged and banished” engineers who identified construction problems on the new Bay Bridge eastern span and that the agency failed to maintain basic quality control on the project. In advance of a state Senate hearing, […]

August 4, 2014

Fracking often gets blamed for water problems, but it's not a clear cut case

Source: http://www.pri.org, August 2, 2014 By: Adam Wernick A good number of people in Pennsylvania no longer have drinkable well water. Among them is John Fair, who lives north of Pittsburgh in Butler County. He has to get his drinking water through a “water drive” organized by neighbors in his community, called the Woodlands. Some Woodlands […]

August 4, 2014

“Your Work” Exclusion Bars Coverage for Tearing Down & Rebuilding Wall

Source: http://www.jdsupra.com, August 1, 2014 By: Peter Dworjanyn, Collins & Lacy, P.C. The S.C. Court of Appeals recently applied the “your work” exclusion in a declaratory judgment action arising out of a construction defect suit to find the policy did not provide coverage. In Precision Walls v. Liberty Mutual Fire Insurance Co., Op. No. 5250 […]

July 31, 2014

Town to begin cleanup of tainted sites in Bay Shore, Central Islip

Source: http://www.newsday.com, July 30, 2014 By: Sarah Armaghan The Town of Islip next month will begin cleaning up the first of several sites where toxic materials have been found after a probe launched by the Suffolk County district attorney into illegal dumping prompted the town to do its own review of more than 100 town-owned […]

July 31, 2014

Texas court upholds arbitration award in bitterly-disputed South Texas oil and gas contamination dispute

Source: http://www.lexology.com, July 26, 2014 By: Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP The First Court of Appeals, sitting in Houston, has affirmed the decision of an arbitration panel which had ruled in favor of the claims for personal injury and property damages resulting from Forest Oil Corporation’s oil and gas exploration and production […]

July 31, 2014

ConAgra to pay EPA $5.7 million for cleanup of former South Paris tannery

Source: Bangor Daily News (Maine), July 31, 2014 Posted on: http://envfpn.advisen.com The U.S. Environmental Protection Agency has reached a $5.7 million settlement with ConAgra to pay for cleanup of the former A.C. Lawrence Leather Co. in South Paris, where a series of tannery sludge lagoons had been covered with gravel and began leaching into the […]

July 30, 2014

Five gas wells leaked methane for years

Source: http://thetimes-tribune.com, July 30, 2014 By: Brendan Gibbons Five natural gas wells in Bradford County have leaked methane for years because of persistent casing and cement problems, according to state Department of Environmental Protection records. In May, a DEP inspector found combustible gas flowing through vents connected to the cement between layers of pipe. The […]

July 30, 2014

Allied World North America Launches Architects and Engineers Professional Liability Coverage; Appoints Doug Hamilton, Vice President

Source: http://www.heraldonline.com, July 29, 2014 Allied World Assurance Company Holdings, AG announced today that Allied World North America launched its new Architects and Engineers Professional Liability line of business for the U.S. market. Coverage will be offered for four distinct areas, within the construction industry: architects and engineers professional liability, constructors professional liability, project specific […]

July 29, 2014

When Is a Construction Defect a Mere Business Risk and Not Insurable?

Source: http://www.jdsupra.com, July 2, 2014 By: Joan Cotkin, Nossaman LLP In an unpublished appellate decision from the state of Washington, on May 5, 2014, the Washington Court of Appeals affirmed a summary judgment in favor of a CGL insurer, Western National Assurance, relieving it of any obligation to defend the contractor insured, Shelcon Construction against […]

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