Source: http://www.nj.com, September 15, 2014 By: S.P. Sullivan The state moved closer to ending more than eight years of litigation over toxic pollution in the Passaic River with the announcement of a $190 million settlement agreement with the Occidental Chemical Co. on Monday. The agreement amounts to the largest single settlement reached between the state […]

Source: http://www.desmoinesregister.com, September 15, 2014 By: Christopher Platt The West Des Moines school district has reached a $2 million settlement with contractors who worked on a renovation at Hillside Elementary School in 2004. The district says windows at the school, 713 Eighth St. in West Des Moines, leaked for years. In 2012, students were moved […]

Source: http://www.jdsupra.com, September 11, 2014 By: Jonathan Ettiger, Foley Hoag LLP A Massachusetts company learned the hard way that you need to pay close attention to policy endorsements when you negotiate them. In Market Forge Industries, Inc. v. Indian Harbor Insurance Company, the Appeals Court of Massachusetts held, in an unpublished decision, that a Pollution […]

Source: http://sbnewspaper.com, September 9, 2014 By: Jacob Lopez Harlingen-based Cruz-Hogan Consultants, one of several firms named as a defendant in a lawsuit claiming deficiencies associated with a $17 million water treatment plant it was contracted to design, has alleged in a statement that the San Benito City Commission is being “mislead” by City Manager Manuel […]

Source: http://www.lexology.com, September 3, 2014 By: Donald A. O’Brien, Hinshaw & Culbertson LLP Dormitory Authority of the State of New York v. Continental Casualty Company, Docket Nos. 13-1671(L), 13-1700(XAP) United States Court of Appeals, Second Circuit (June 23, 2014) The Dormitory Authority of the State of New York (DASNY) contracted with an architectural firm to […]

Source: http://www.spokesman.com, September 4, 2014 By: Becky Kramer A company that operated more than 20 mines in Idaho’s Silver Valley over the past century can sue a railroad that hauled ore to try to recover some of the hundreds of millions of dollars it has paid for environmental cleanup, a federal appeals court ruled. Five years […]

Source: http://www.enewspf.com, September 4, 2014 Under a proposed settlement reached with the United States and the state of Indiana, the Atlantic Richfield Company and E.I. Du Pont de Nemours and Co. (DuPont) will pay for an estimated $26 million cleanup of lead and arsenic contamination in parts of a residential neighborhood in East Chicago, Indiana, […]

Source: http://www.lexology.com, September 3, 2014 By: John R. Casciano and Jessica L. Urban, Steptoe & Johnson LLP In Arrowood Indemnity Company v. Oxford Cleaners & Tailors, LLC, No. 1:13-12298, 2014 WL 4104169 (D. Mass. Aug. 15, 2014), the United States District Court for the District of Massachusetts, applying Massachusetts law, granted summary judgment to a liability […]

Source: http://insurancenewsnet.com, September 4, 2014 By: Targeted News Service The Southern Environmental Law Center issued the following news release: Conservation groups today filed lawsuits in federal court against Duke Energy seeking to clean up toxic coal ash pollution from three Duke facilities that are contaminating rivers and groundwater supplies that provide drinking water to hundreds […]

Source: https://ca.news.yahoo.com, August 27, 2014 A year after the province promised to clean up a PCB leak at the Reliance Power Equipment Ltd. site in Pointe-Claire, the city is still waiting for them to finish the job. The city confirmed yesterday that PCBs had been detected in stormwater runoff from the site, where leaking transformers and containers were discovered and […]

Source: http://www.jdsupra.com, August 26, 2014 By: Heidi Raschke, Carlton Fields Jorden Burt This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer’s duty to defend must be determined from the specific claims in the underlying complaint against the insured, and not from facts available from other sources.  Both cases dealt […]

Source: http://www.mondaq.com, August 29, 2014 By: Gordon S. Woodward, Schnader Harrison Segal & Lewis LLP In the immortal words of Bob Dylan, the times they are a-changing. In the often placid world of insurance coverage, this change has been most evident with regard to the definition of the term “occurrence.” The meaning of this term […]