RT ECP: Articles

November 5, 2014

Defective work on a building pad that results in structural damage is not considered an “accident” that would trigger coverage for an “occurrence” under a CGL policy in Kentucky

Source: http://www.lexology.com, October 31, 2014 By: Benjamin B. Hyden, Bricker & Eckler LLP Structural damage to a new building caused by a defective building pad may not be covered under a commercial general liability (CGL) insurance policy when the specific damage is the type of damage that a properly constructed building pad is expected to […]

November 5, 2014

Integrated project delivery (IPD) construction contracts require a closer look at professional liability insurance

Source: http://www.propertycasualty360.com, October 31, 2014 By: Jeff Slivka More projects are using IPDs to reduce errors and save money and time. But they don’t always fit with traditional professional liability insurance tools. In spite of fluctuations in the economy, there is good news for the commercial building industry. According to the Architecture Billing Index (ABI) […]

October 31, 2014

Former Chemical Site to Be Cleaned Up for Casino

Read here about Wynn Resorts plans to clean up pollution at the site of a former chemical plant.

October 31, 2014

Regional Steel: the continuing effort to avoid the cost of correcting the insured’s work

Source: http://www.lexology.com, October 29, 2014 By: Eliot R. Hudson, Carl H. Poedtke III and Stephen W. Schwab, DLA Piper LLP Casualty insurers normally do not expect to pay the cost of their insureds simply doing a good job.  Insurers typically view their contracts as assuming the risk of delineated consequences – damages – if the […]

October 28, 2014

Legal fight over PCB responsibility continues

Source: http://www.greenbaypressgazette.com, October 25, 2014 By: Paul Srubas NCR Corp. continued to produce carbonless copy paper well after learning a chemical involved in the manufacturing process posed a long-term risk to human health and the vitality of the Fox River, a federal appellate court has found. The company knew long before area paper recyclers did […]

October 28, 2014

Jefferson County considers foreclosing on Evans Mills property as cleanup cost grows

Source: http://www.watertowndailytimes.com, October 28, 2014 By: Ted Booker To foreclose on a tax-troubled North Main Street property in the village, Jefferson County soon will choose either to pay the state Department of Environmental Conservation about $160,000 for clearing it of contamination, or wait for the state to claw back that cost from the property owner. […]

October 28, 2014

10th Cir. rejects claim that pollution exclusion in liability policies are ambiguous and inapplicable

Source: http://www.lexology.com, October 23, 2014 By: Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP On October 20, 2014, the U.S. Court of Appeals for the Tenth Circuit unanimously affirmed the lower court’s ruling that the commercial liability insurance policies purchased by Headwaters Resources, Inc. contained unambiguous “pollution exclusion” provisions which excluded Headwaters’ demand that its […]

October 27, 2014

No CGL Coverage for Faulty Workmanship Under Pennsylvania Law

Source: http://www.jdsupra.com, October 24, 2014 By: Gilbert Lee, Sedgwick LLP In State Farm Fire & Casualty Co. v. McDermott, 2014 WL 5285335 (E.D. Pa. Oct. 15, 2014), a federal court recently held that an insurer has no duty to defend or indemnify its insured against an underlying construction defect lawsuit containing causes of action sounding […]

October 23, 2014

City to Spend $1.6M to Treat Tainted Park Soccer Fields

Source: http://www.athleticbusiness.com, October 2014 by: Lucas Sullivan, The Columbus Dispatch Columbus will spend about $1.6 million to clean up a Near East Side park where contaminants from an old fertilizer plant were found in the soil. Last night, the Columbus City Council unanimously approved spending $309,000 for engineers to design a drain system for the […]

October 22, 2014

Understanding Design Defect Legal Liability

Source: http://www.constructionbusinessowner.com, October 20, 2014 By: Burns Logan 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 must understand their potential liability for design […]

October 22, 2014

City sues over land sale near bridge for $7M

Source: http://www.detroitnews.com, October 17, 2014 The city is suing the owners of a dilapidated plant in the footprint of the proposed public Detroit-Windsor bridge listed for $7 million. The city’s law department on Thursday sued GJL Enterprises, the owner of 111 Military, hoping a Wayne County circuit judge will order a cleanup of the half-demolished […]

October 22, 2014

Columbus spending more money to clean up toxic park

Source: http://www.dispatch.com, October 21, 2014 By: Lucas Sullivan Columbus will spend about $1.6 million to clean up a Near East Side park where contaminants from an old fertilizer plant were found in the soil. Last night, the Columbus City Council unanimously approved spending $309,000 for engineers to design a drain system for the new soil […]

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