RT ECP News Center

July 17, 2013

The Alabama Supreme Court affirms aggregating toxic spills into one occurrence, as they were the policyholder’s routine practice for fifteen years

Source: http://www.lexology.com, July 9, 2013 By: Patrick Frye, Edwards Wildman Palmer LLP In Certain Underwriters at Lloyd’s London v. Southern National Gas Co. (Ala. June 18, 2013), the Alabama Supreme Court upheld a jury verdict finding that the leaking of PCB from 8 different locations was one “occurrence.” Sonat (short for Southern National Gas Co.) […]

July 17, 2013

Hawaii district court finds faulty workmanship not an occurrence under CGL policy in construction defect case

Source: http://www.lexology.com, July 5, 2013 By: Hillary Coombs Jarvis and John P. Swenson, Steptoe & Johnson LLP In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) […]

July 16, 2013

Hydraulic fracturing in Illinois

Source: http://www.news-gazette.com, July 14, 2013 By: Bill Anaya Last month, Gov. Pat Quinn signed the Illinois Hydraulic Fracturing Regulatory Act (P.A. 098-0022). Others may continue to seek a moratorium on hydraulic fracturing in Illinois, but with the governor’s signature, a moratorium on hydraulic fracturing in Illinois is merely a protest. We can, however, expect challenges […]

July 16, 2013

South Carolina court rejects theory of seamless coverage

Source: http://www.lexology.com, July 12, 2013 Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in GS2 Engineering & Environmental Consultants, Inc. v. Zurich American Ins. Co., 2013 U.S. Dist. LEXIS 95137 (D.S.C. July 9, 2013), the United State District Court for South Carolina had occasion to consider the limitations of coverage inherent […]

July 10, 2013

Work to begin at Silver Spring Transit Center within a week

Source: http://www.gazette.net, July 9, 2013 By: Kara Rose Leggett said county was cleared to begin work on concrete slabs Monday County Executive Isiah Leggett said Monday night that he took full responsibility for the delayed opening of the troubled Silver Spring Transit Center, also announcing work to fix the center will start within a week. […]

July 10, 2013

Failure to Identify Dry Wells and Review Building Dept File at Heart of Consultant Malpractice Case

Source: http://www.environmental-law.net, July 9, 2013 Southern Wine & Spirits of New York vs. Impact Environmental Consultants, 2013 N.Y. App. Div. LEXIS 2081(App. Div.-1st Dept 3/28/13) involves a common source of contamination in Long Island and other suburban areas of New York City-dry wells and septic systems. The parties have yet to begin discovery but based […]

July 9, 2013

Waste district sues insurer over contaminated compost claim

Source: http://www.burlingtonfreepress.com, July 2, 2013 By: Matt Sutkoski League of Cities and Towns says CSWD was aware of pollution-exclusion clause; district says it thought it was covered The Chittenden Solid Waste District is suing its insurance carrier to help recover costs as it struggles back from last year’s infiltration of herbicides into the compost it […]

July 9, 2013

Tougher marine pollution laws for offshore oil and gas industry

Source: http://www.lexology.com, July 2, 2013 By: Charmian Barton, Norton Rose Fulbright LLP Introduction Recent changes to offshore environment legislation include the introduction of an express ‘polluter pays’ obligation. Titleholders are under a duty to eliminate and control any petroleum escape, remediate damage and monitor the environmental impact of the escape. These changes came into effect […]

July 9, 2013

Honeywell begins next round of chromium cleanup on West Side

Source: http://www.unioncityreporter.com, July 7, 2013 By: E. Assata Wright Environmental work will culminate in Bayfront groundbreaking, new waterfront development Honeywell International Inc. recently announced that it has begun the next phase of chromium cleanup at sites along Jersey City’s West Side, work that will culminate in the construction of the Bayfront development, a planned mixed […]

July 9, 2013

Federal court refuses to apply pollution exclusion to Chinese drywall claims

Source: http://www.lexology.com, July 2, 2013 By: Jan A. Larson, Jenner & Block The U.S. District Court for the Middle District of Florida recently granted summary judgment for policyholder, Arrow Terminals, Inc. (“Arrow”), ruling that a pollution exclusion and health hazard exclusion did not apply to Arrow’s Chinese drywall (“CDW”) claims, and ordering Arrow’s insurers, American […]

July 9, 2013

Second Circuit rules that transfer of contaminated fuel oil between containers does not give rise to a “pollution condition”

Source: http://www.lexology.com, July 1, 2013 By: John O’Connor and Christopher M. Dougherty, Steptoe & Johnson LLP In Colonial Oil Industries Inc. v. Indian Harbor Ins. Co., No. 12-4063-cv, 2013 US App. LEXIS 12946 (2d Cir. June 25, 2013), the Second Circuit, applying New York law, ruled that an insurer did not owe defense and indemnity […]

July 9, 2013

Second Circuit affirms application of policy exclusion in crane collapse coverage case

Source: http://www.lexology.com, June 28, 2013 By: James T. Killelea The Second Circuit recently affirmed a lower court decision holding that an insurance policy exclusion barred coverage for claims against a construction company relating to a March 2008 crane collapse in Manhattan. A copy of the decision can be found here. According to the lower court […]

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