Source: http://www.lexology.com, August 15, 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 The Michigan Court of Appeals joined the majority of courts nationwide in holding that a “contractual liability” exclusion applies solely to contracts involving the […]

Source: http://www.constructormagazine.com, August 5, 2014 By: Mitch Cohen, PE, New Day Underwriting Managers LLC Architect-engineer-contractor (AEC) professional liability insurance policies typically cover negligent wrongful acts, errors and/or omissions as long as the AEC is actually found negligent by a court of law for the wrongful or erroneous service provided to the client. However, it is […]

Source: http://www.businessexaminer.com, August 15, 2014 Point Ruston LLC, the developer building out the former Asarco smelter Superfund site on Commencement Bay’s waterfront, has filed notices of claims totaling more than $150 million against the City of Ruston. The legal process places these claims as a precursor to possible future lawsuits seeking monetary contribution and treble […]

Source: http://www.lexology.com, August 15, 2014 By: David L. Beck, Pillsbury Winthrop Shaw Pittman LLP The United States District Court for the District of Oregon held that property damage incurred to a condominium project resulting from a myriad of construction defects constituted just one occurrence under the relevant excess general liability policy. In Chartis Specialty Ins. […]

Source: http://www.seacoastonline.com, August 14, 2014 By: Jeff McMenemy The developer and contractor for the controversial Portwalk mixed-use project are the focus of a lawsuit that alleges the nearby Harbour Hill Condominium, which is another one of their developments, suffered from shoddy construction, according to court records. Portsmouth attorney John Lyons, who filed the lawsuit on […]

Source: http://www.lexology.com, August 14, 2014 By: John F. Morkan III and Jackson B. Boyd, Ober Kaler A recent decision by the U.S. Court of Appeals for the Fourth Circuit, Perini/Tompkins Joint Venture v. ACE American Ins. Co., 783 F.3d 95 (2013), provides an important reminder for contractors defending against construction defect claims – be sure to […]

Source: http://www.northjersey.com, August 12, 2014 By: Linh Tat Borough officials have announced plans to sue “all responsible parties” over new contaminants inadvertently brought onto Veterans Field during soil remediation that was halted last year. Monday’s council vote to proceed with litigation came the same night officials authorized spending $24,800 for additional soil testing and introduced […]

Source: http://www.nbcbayarea.com, August 12, 2014 By: Michelle Roberts The Environmental Protection Agency is examining homes and schools in Sunnyvale after toxic groundwater was discovered in the area. Tech companies Advanced Micro Devices Inc, Northrop Grumman Systems Corporation and Philips are believed to be responsible for the pollution, EPA officials said. “Unfortunately, some of the companies […]

Source: St. Louis Post-Dispatch, August 13, 2014 Posted on: http://envfpn.advisen.com Residents near the Bridgeton Landfill filed 14 additional lawsuits Tuesday against waste disposal company Republic Services for damages they say were caused by a foul stench that started more than three years ago from an underground fire at the landfill. The lawsuits representing 34 plaintiffs […]

Source: http://www.dailyherald.com, August 12, 2014 By: Madhu Krishnamurthy A massive cleanup is underway to remove pollution and thousands of fish killed due to contamination of a lake at the Sun City retirement community in Huntley, officials said. The contamination was the result of a July 25 accident in which a semitrailer caught fire on westbound […]

Source: http://www.lexology.com, August 7, 2014 By: Matthew T. Vocci, Ober Kaler On August 5, 2014, the Supreme Court of Connecticut, in Travelers Cas. & Sur. Co. v. Netherlands Ins. Co., 312 Conn. 714 (2014), affirmed a trial court’s decision that allegations of years-long, continuing and progressive water intrusion caused by alleged construction defects triggered a duty […]

Source: http://www.lexology.com, August 9, 2014 By: Gregory M. Jacobs, Kilpatrick Townsend & Stockton LLP May an insurance policy include an exclusion that essentially eviscerates the fundamental nature of the coverage it provides?  A federal court in Texas says, “No.” Disputes often arise between policyholders and insurers under liability insurance policies about whether a policyholder was […]