Source: http://ago.vermont.gov, August 18, 2014 Attorney General William H. Sorrell has obtained two Washington County Superior Court rulings that will facilitate cleanup of a contaminated former dry cleaning site in Hartford, Vermont. Earlier this year, the Court approved a settlement requiring a former operator of the dry cleaner to pay $100,000 toward the investigation and […]

Source: http://www.peer.org, August 19, 2014 Notice to Sue Filed against District and EPA for Toxic Substances Control Act Violations Students and teachers are subjected to illegally high levels of dangerous chemical contaminants in Malibu public schools, according to a notice of intent to sue filed today by Public Employees for Environmental Responsibility (PEER) on behalf […]

Source: The Philadelphia Inquirer, August 20, 2014 Posted on: http://envfpn.advisen.com A federal judge in Camden has dismissed a lawsuit in which two Moorestown couples alleged that their families were exposed to health risks and a loss of property value because of underground contamination caused by a toxic chemical spill at a plant now owned by […]

Read here about an EPA investigation that has been launched over alleged pollution into a Missouri creek by Tyson Foods.

Source: http://www.lexology.com, August 18, 2014 By:” Joshua J. Pollack, Proskauer Rose LLP This year, the Supreme Court of Appeals of West Virginia issued an important decision concerning whether a carbon monoxide leak is a single or multiple occurrence under a liability insurance policy.  Kosnoski, et al. v. Rogers, et al., No. 13-0494.  The number of occurrences […]

Source: http://www.jdsupra.com, August 20, 2014 By: Meredith Whigham Caiafa Liability insurance policies typically exclude coverage for obligations arising out of the insured’s “assumption of liability in a contract or agreement.”  Earlier this year, the Texas Supreme Court took a narrow view of this exclusion:  in the landmark decision in Ewing Construction Co. v. Amerisure Insurance […]

Source: http://www.lexology.com, August 15, 2014 By: Amy B. Briggs, David B. Killalea , Stephen T. Raptis, Robert H. Shulman and Susan P. White, Manatt Phelps & Phillips LLP Why it matters The Michigan Court of Appeals joined the majority of courts nationwide in holding that a “contractual liability” exclusion applies solely to contracts involving the […]

Source: http://www.constructormagazine.com, August 5, 2014 By: Mitch Cohen, PE, New Day Underwriting Managers LLC Architect-engineer-contractor (AEC) professional liability insurance policies typically cover negligent wrongful acts, errors and/or omissions as long as the AEC is actually found negligent by a court of law for the wrongful or erroneous service provided to the client. However, it is […]

Source: http://www.businessexaminer.com, August 15, 2014 Point Ruston LLC, the developer building out the former Asarco smelter Superfund site on Commencement Bay’s waterfront, has filed notices of claims totaling more than $150 million against the City of Ruston. The legal process places these claims as a precursor to possible future lawsuits seeking monetary contribution and treble […]

Source: http://www.lexology.com, August 15, 2014 By: David L. Beck, Pillsbury Winthrop Shaw Pittman LLP The United States District Court for the District of Oregon held that property damage incurred to a condominium project resulting from a myriad of construction defects constituted just one occurrence under the relevant excess general liability policy. In Chartis Specialty Ins. […]

Source: http://www.seacoastonline.com, August 14, 2014 By: Jeff McMenemy The developer and contractor for the controversial Portwalk mixed-use project are the focus of a lawsuit that alleges the nearby Harbour Hill Condominium, which is another one of their developments, suffered from shoddy construction, according to court records. Portsmouth attorney John Lyons, who filed the lawsuit on […]

Source: http://www.lexology.com, August 14, 2014 By: John F. Morkan III and Jackson B. Boyd, Ober Kaler A recent decision by the U.S. Court of Appeals for the Fourth Circuit, Perini/Tompkins Joint Venture v. ACE American Ins. Co., 783 F.3d 95 (2013), provides an important reminder for contractors defending against construction defect claims – be sure to […]