RT ECP: Articles

December 2, 2014

Court's Reasoning That "Bacteria" Is Not A "Pollutant" Favorable For Policyholders In Other Cases

Source: http://www.mondaq.com, November 22, 2014 By: Michael H.. Sampson and Caitlin R. Garber, Reed Smith Insurance companies often look to the pollution exclusions in their commercial general liability policies in attempts to exclude coverage for many types of claims. They will try to fit all sorts of things within the definition of “pollutants.” Just last […]

November 25, 2014

Ninth Circuit enforces waiver of subrogation clause in design/build agreement against post-construction property insurer

Source: http://www.lexology.com, November 19, 2014 By: Jeffrey R. Mullen, Pepper Hamilton LLP Travelers Indem. Co. v. Crown Corr, Inc., 2014 U.S. App. LEXIS 21101 (9th Cir. 2014) This action arose out of the construction of the University of Phoenix Stadium (the “Stadium”), home of the Arizona Cardinals.  Tourism and Sports Authority (the “Owner”) entered into a […]

November 25, 2014

AT&T to pay California $52 million in hazardous waste disposal settlement

Source: http://news.yahoo.com, November 21, 2014 By: Steve Gorman, Reuters AT&T Inc will pay $52 million in civil penalties and environmental compliance as part of a settlement with California over illegal dumping of hazardous waste but won’t be required to clean up the resulting contamination, state officials said on Thursday. State officials said it marked the […]

November 20, 2014

Bridgeton Landfill odor concerns grow as weather turns colder

Source: http://www.stltoday.com, November 19, 2014 By: Blythe Bernhard There is renewed concern about a potential for increased odors from the Bridgeton Landfill with the weather turning colder. Residents say smells associated with the smoldering underground fire that were first noticed nearly four years ago can get worse when temperatures drop and wind blows from the […]

November 20, 2014

Palladium contractors to pay $5.3M to settle suit

Source: http://www.ibj.com, November 19, 2014 By: Andrea Muirragui Davis The Carmel Redevelopment Commission is headed for a $5.3 million payday after agreeing to settle a lawsuit over defects found in the structural steel web supporting the Palladium’s distinctive domed roof. Commission members voted 3-0 Wednesday to let Executive Director Corrie Meyer and commission President Bill […]

November 20, 2014

Contaminants found in Laramie groundwater

Read here about a groundwater investigation that revealed contaminants in groundwater in Laramie, WY.

November 19, 2014

Testing confirms need for remediation at Meadow Brook site

Source: http://www.pottsmerc.com, November 18, 2014 By: Frank Otto An investigation conducted into environmental concerns at the former Meadow Brook Golf Club site confirmed previous test results obtained by the Phoenixville Area School District and laid out plans to remedy existing issues. The investigation by Schuylkill Township-based Environmental Standards confirmed two previous rounds of testing from […]

November 13, 2014

PERSPECTIVES: Pollution liability insurance lowers commercial contractor risks

Source: http://www.businessinsurance.com, November 9, 2014 By: Jeffrey M. Slivka, New Day Underwriting Managers LLC As the commercial real estate market begins to rebound, risks from environmental exposures remain a threat, says Jeffrey M. Slivka, executive vice president and chief operating officer of New Day Underwriting Managers L.L.C. in Hamilton, New Jersey. Contractors pollution liability is […]

November 13, 2014

Landlords may be liable for cleanup of tenant's pollution under Indiana's Environmental Legal Action statute

Source: http://www.lexology.com, November 10, 2014 By: Thomas A. Barnard, Taft Stettinius & Hollister LLP A recent ruling by the Indiana Court of Appeals examines liability under Indiana’s Environmental Legal Action statute (“ELA”). The ruling in JDN Properties, Inc. v. VanMeter Enterprises, Inc., 2014 WL 4656543 (Ind. App. Sept. 19, 2014), potentially extends ELA liability to […]

November 13, 2014

Cannon Place Fined $110K by EPA for Runoff at Cumming Construction Site

Source: http://patch.com, November 11, 2014 By: Justin Ove Stormwater contaminated with construction site residue seeped into a tributary which feeds Lake Lanier near Bald Ridge Marina Road. Cannon Place, LLC (Cannon Place) has reached a settlement with the U.S. Environmental Protection Agency over alleged stormwater violations at its construction sites along Bald Ridge Marina Road […]

November 13, 2014

Understanding Design Defect Legal Liability

Source: http://www.constructionbusinessowner.com, October 20, 2014 By: Burns Logan Who is ultimately responsible for the consequences? Design and construction services on projects are more integrated now than ever before. As construction and design firms are using BIM software and other resources to improve construction efficiency, that integration is only going to increase. Owners, contractors and designers […]

November 11, 2014

Sides in Burlingame lawsuit still millions of dollars apart in dispute

Source: http://www.aspendailynews.com, November 11, 2014 By: Chad Abraham The sides involved in a construction-defect lawsuit related to building materials used in the first phase of the Burlingame Ranch affordable housing project remain $3 million apart from a settlement, a court filing made Friday says. An attorney representing Burlingame Ranch I’s homeowners association, opposing a defendant […]

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