RT ECP: Articles

January 9, 2015

Wisconsin Supreme Court Weighs-in on Pollution Exclusions (Again) in Two Cases

Source: http://www.natlawreview.com, January 8, 2015 On December 30, 2014, the Wisconsin Supreme Court decided two cases in which the central issue was whether the substance responsible for the alleged property damage constitutes a “pollutant” sufficient to invoke pollution exclusions in relevant insurance policies. In Preisler v. General Casualty Ins. Co., et al., 2014 WI 135, and Wilson […]

January 8, 2015

Ammonia release constitutes “direct physical loss” under policy

Source: http://www.lexology.com, December 17, 2014 By: Amy B. Briggs, Donna M. Carlton, David B. Killalea , Stephen T. Raptis, Robert H. Shulman and Susan P. White, Manatt Phelps & Phillips LLP Why it matters A New York federal court recently ruled that the discharge of ammonia at a manufacturing plant – causing a facility shutdown […]

January 8, 2015

In a divided opinion, New York appellate court rules noncumulation clause limits parties’ lead paint exposure coverage to single policy limit

Source: http://www.lexology.com, December 17, 2014 By: Donna M. Carlton, Amy B. Briggs, David B. Killalea , Stephen T. Raptis, Robert H. Shulman and Susan P. White, Manatt Phelps & Phillips LLP Why it matters A New York appellate court recently decided that an insurance policy’s noncumulation clause limited the amount of coverage available to a […]

January 7, 2015

Leak contained at eastern Ohio natural gas well

Read here about a leak in Ohio at a natural gas fracking well.

January 7, 2015

New suit filed against Exide plant

Source: http://www.latimes.com, December 22, 2014 By: Kim Christensen and Tony Barboza Exide Technologies officials willfully endangered the health of more than 60 children living near the company’s troubled lead recycling plant in Vernon, according to a lawsuit filed Monday in Los Angeles County Superior Court. The complaint alleges that Exide officers, directors and managers intentionally […]

January 7, 2015

New York State Jury Returns Verdict For Policyholder In Environmental Coverage Trial

Source: http://www.mondaq.com, January 2, 2015 In early November, a jury found in favor of the policyholder in KeySpan Gas East Corp. v. Munich Reinsurance America Inc. et al., resolving a 17-year-old coverage dispute over pollution cleanup costs for historic manufactured gas plant sites on Long Island. Long Island Lighting Co., which sued the insurers in […]

January 6, 2015

New York’s late notice statute leaves no-prejudice rule intact for out-of-state policies

Source: http://www.lexology.com, December 22, 2014 By: John C. Pitblado, Carlton Fields Jorden Burt A New York statute provides that liability insurers may not deny claims on grounds of late notice, unless they can show they were prejudiced by the delay. The statute applies to policies “issued or delivered” in New York. In October 2014, in Indian Harbor Ins. […]

January 6, 2015

U.S. Insurers Still Funding Asbestos, Environmental Liabilities: A.M. Best

Source: http://www.insurancejournal.com, January 5, 2015 The current estimate of net asbestos losses for the U.S. property/casualty industry remains at $85 billion, with net environmental losses estimated at $42 billion, according to a new Best’s Special Report. According to the Best’s report titled “U.S. Insurers Continue Funding of Asbestos & Environmental Liabilities, Despite Elusive End Game,” […]

January 5, 2015

One of Riverhead Water District’s newest wells offline, needs costly system to remove contaminant perchlorate

Source: http://www.riverheadlocal.com, January 5, 2015 By: Civiletti One of Riverhead Water District’s newest wells is producing water contaminated with perchlorate, a chemical known to affect the human endocrine system and considered by the U.S. Environmental Protection Agency a “likely human carcinogen.” Well 16, located off Edwards Avenue north of Route 25 in Calverton, completed in […]

January 5, 2015

Some Gloucester County towns still dealing with tainted water

Source: http://www.philly.com, January 5, 2015 By: Angelo Fichera When Paulsboro reached a settlement in December with the plastics company it had sued nearly a year before over a contaminated water well, it marked a win for a scrappy industrial town familiar with environmental woes. The agreement, valued at more than $2 million, stipulates that Solvay […]

January 5, 2015

New York State Wineries Dodge a Fracking Bullet … Or Maybe Not

Source: http://www.triplepundit.com, January 1, 2015 By: Tina Casey If you heard that loud sighing sound coming from New York state earlier this month, that was probably a sigh of relief as Gov. Andrew M. Cuomo finally agreed to a statewide ban on fracking. The ban followed the release of the state’s Department of Health study, […]

January 5, 2015

Frustration with EPA handling of West Lake growing

Source: http://www.stltoday.com, January 3, 2015 By: Jacob Barker Except for an underground fire in an adjacent landfill, little has changed in the four decades since regulators realized radioactive waste was buried in a north St. Louis County dump. For more than 20 years, it’s been up to the U.S. Environmental Protection Agency to figure out […]

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