Source: http://www.jdsupra.com, August 21, 2014 By: Gerard Giordano The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution.  Insurance companies have taken the position that any damages arising from “pollution,” regardless of the circumstances under which they occur, are excluded by the […]

Source: http://www.lexology.com, August 18, 2014 By: Jeffrey G. Muth, Barnes & Thornburg LLP A Self-Insured Retention, or SIR, as it is commonly known, represents the amount of risk that a company is prepared to retain for its own account. It denotes the point at which the risk passes from the company, as self-insurer, to a […]

Source: https://ca.news.yahoo.com, August 20, 2014 The province has ordered two local companies to decontaminate a house after a botched asbestos-removal job forced a family from their Winnipeg home. A Winnipeg family hired Sarte Heating and Cooling to replace the old boiler system in her Point Douglas home but was told the company couldn’t do the old […]

Source: http://legalnewsline.com, August 20, 2014 By: Bryan Cohen Vermont Attorney General William Sorrell announced two court rulings on Monday that he says will help clean up a contaminated former dry cleaning site in Hartford. Washington County Superior Court ruled last week that Richard Daniels, the owner of the contaminated site, may not avoid his responsibilities […]

Source: http://ago.vermont.gov, August 18, 2014 Attorney General William H. Sorrell has obtained two Washington County Superior Court rulings that will facilitate cleanup of a contaminated former dry cleaning site in Hartford, Vermont. Earlier this year, the Court approved a settlement requiring a former operator of the dry cleaner to pay $100,000 toward the investigation and […]

Source: http://www.peer.org, August 19, 2014 Notice to Sue Filed against District and EPA for Toxic Substances Control Act Violations Students and teachers are subjected to illegally high levels of dangerous chemical contaminants in Malibu public schools, according to a notice of intent to sue filed today by Public Employees for Environmental Responsibility (PEER) on behalf […]

Source: The Philadelphia Inquirer, August 20, 2014 Posted on: http://envfpn.advisen.com A federal judge in Camden has dismissed a lawsuit in which two Moorestown couples alleged that their families were exposed to health risks and a loss of property value because of underground contamination caused by a toxic chemical spill at a plant now owned by […]

Read here about an EPA investigation that has been launched over alleged pollution into a Missouri creek by Tyson Foods.

Source: http://www.lexology.com, August 18, 2014 By:” Joshua J. Pollack, Proskauer Rose LLP This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy.  Kosnoski, et al. v. Rogers, et al., No. 13-0494.  The number of occurrences […]

Source: http://www.jdsupra.com, August 20, 2014 By: Meredith Whigham Caiafa Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.”  Earlier this year, the Texas Supreme Court took a narrow view of this exclusion:  in the landmark decision in Ewing Construction Co. v. Amerisure Insurance […]

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 […]