Source: http://www.lexology.com, May 20, 2015 By: Daniel J. Greenberg, Smith Currie & Hancock Non-traditional project delivery methods are being increasingly used in construction projects, and these delivery methods can bring non-traditional insurance risks. Non-traditional project delivery methods may require project participants, such as designers, contractors and owners, to hold additional types of insurance to guard […]

Source: http://www.timesherald.com, May 19, 2015 By: Eric Devlin Phoenixville School District officials say contaminated soil found at the site of its incoming elementary school is being removed safely. “It’s not like some toxic waste dump,” school board member Ken Butera said at Thursday night’s meeting. Four weeks ago, environmental experts discovered elevated levels of the […]

Source: http://www.insurancejournal.com, May 19, 2015 By: Christopher J. Boggs Never let it be said that an exclusion would or could be misapplied; but the absolute pollution exclusion likely qualifies as the most misapplied exclusion within the commercial general liability (CGL) policy. Reasons for improper denials by application of the pollution exclusion are varied, ranging from […]

Source: http://www.citizen-times.com, May 16, 2015 By: Tonya Maxwell CTS Corp. will expand testing near its long-closed manufacturing plant, agreeing to a federal government request that raises concern over whether underground contamination from the Superfund site might be more widespread than once thought. Representatives with the Indiana-based company in a March meeting with the Environmental Protection […]

Source: http://www.lexology.com, May 12, 2015 By: T. McRoy Shelley, III, Rogers Townsend & Thomas PC In a March 31, 2015 opinion, the Georgia Court of Appeals held that an absolute pollution exclusion provision in a CGL policy did not exclude coverage for alleged damages from lead-based paint. The Court’s analysis was based on the premise that “[p]olicies […]

Source: http://www.lexology.com, May 13, 2015 By: Brian A. Wolf, Smith Currie & Hancock Under Florida law, the four year statute of limitations and the ten year statute of repose both begin to run from “the date of actual possession by the owner, the date of the issuance of a certificate of occupancy, the date of […]

Source: http://www.bizjournals.com, May 13, 2015 By: Jacocb Kirn John Weiss in May 2013 sold his Volvo dealership to the Dean Team. The Dean Team, though, also wanted ownership of the property, at 7700 Manchester Road in Brentwood. In April 2014, Dean Team Brentwood Volvo LLC exercised its option to purchase the property for $1.5 million […]

Source: http://www.taftenvironmentallawinsight.com, May 8, 2015 By: Geoffrey Slaughter Landowners who know their properties are contaminated may be liable for damages, even if they didn’t contribute directly to the pollution, according to a recent appellate decision. In JDN Properties, LLC v. VanMeter Enterprises, Inc., the Indiana Court of Appeals reversed summary judgment for the seller and […]

Source: Chicago Tribune, May 12, 2015 Posted on: http://envfpn.advisen.com For some people here, the farm field across the road from Tim O’Regan’s factory was supposed to be this struggling town’s land of opportunity, a way to reap economic benefits from the oil fracking boom. For others, it represents a public health threat. An international oil […]

Source: Detroit Free Press (MI), May 13, 2015 Posted on: http://envfpn.advisen.com Oil giant Enbridge will pay $75 million through a settlement with the State of Michigan for an 800,000 gallon oil spill in 2010 that impacted thousands of acres, officials announced today. “This is a huge win for Michigan’s environment,” said Dan Wyant, Michigan Department […]

Source: http://www.lexology.com, May 11, 2015 By: Danielle Renee Lowe, Dechert LLP TRIA is back. On November 26, 2002, in the wake of the September 11th attacks, President Bush signed the Terrorism Risk Insurance Act of 2002 (TRIA), and with it, breathed life into a new player in the catastrophic event insurance market: the government. TRIA created a terrorism […]

Source: http://www.wisfarmer.com, May 12, 2015 By: Ray Mueller If manure becomes “a pollutant” in the form of bacteria, any resulting claims by an offended party would not have to be covered by insurance companies under a commercial general liability policy, according to a 5 to 1 ruling on Dec. 30, 2014 by the Wisconsin Supreme […]