Source: http://www.lexology.com, August 28, 2014 By: Kevin O’Brien, Carlton Fields Jorden Burt Click here to view the video. On July 23 and 24, 2014, respectively, intermediate appellate courts from South Carolina and Massachusetts released opinions upholding the application of the “your work” exclusion in a commercial general liability policy against claims based on contracted work […]

Source: St. Louis Post-Dispatch (MO), August 5, 2014 Posted on: http://envfpn.advisen.com A $6.8 million class action settlement for residents who live closest to the smoldering Bridgeton Landfill is fair, reasonable and adequate, a federal judge has ruled. About three-quarters of residents in the 400 homes closest to the landfill agreed to the settlement reached in […]

Source: http://www.lexology.com, July 15, 2014 By: Heidi H. 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 with […]

Source: http://www.lexology.com, August5 25, 2014 By: Thomas G. Cronin, Gordon & Rees LLP More than a year has passed since Illinois enacted a law allowing hydraulic fracturing, or “fracking,” in the state.  Due to the volume of comments and concerns with the proposed regulations, however, the practice has been put on hold while the Illinois […]

Source: http://www.lexology.com, August 19, 2014 By: Sheila Raftery Wiggins, Duane Morris LLP For a claims-made policy, the policy holder is to provide notice of a claim: (1) during the same policy period in which the policyholder received the claim and (2) “as soon as practicable.” Otherwise, the claim may be denied because of late notice. New […]

Source: http://www.lexology.com, August 19, 2014 By: Patrick T. McLaughlin, Spencer Fane Britt & Browne LLP In the case of J-McDaniel Construction Co., Inc. v. Mid-Continent Casualty Company, the Eighth Circuit, applying Arkansas law, had occasion to explore the scope of a home builder’s coverage under its Commercial General Liability Insurance Policy.  No. 13-267, August 4, 2014. […]

Source: http://www.lexology.com, August 18, 2014 By: Jeffrey G. Muth, Barnes & Thornburg LLP A Self-Insured Retention, or SIR, as it is commonly known, represents the amount of risk that a company is prepared to retain for its own account. It denotes the point at which the risk passes from the company, as self-insurer, to a […]

Source: http://www.lexology.com, August 19, 2014 By: Jeffrey M. Reichard, Nexsen Pruet North Carolina’s Approval of Public-Private Partnerships and Design-Build Procurement August 23rd marks the one-year anniversary of House Bill 857 (“HB 857”) becoming law in North Carolina. Through the enactment of HB 857, the Tar Heel state opened its doors to what is commonly referred […]

Source: http://www.jdsupra.com, August 21, 2014 By: Gerard Giordano The Absolute Pollution Exclusion (“APE”) contained in current general liability insurance policies excludes coverage for costs related to the cleanup of environmental pollution.  Insurance companies have taken the position that any damages arising from “pollution,” regardless of the circumstances under which they occur, are excluded by the […]

Source: http://www.lexology.com, August 18, 2014 By: Jeffrey G. Muth, Barnes & Thornburg LLP A Self-Insured Retention, or SIR, as it is commonly known, represents the amount of risk that a company is prepared to retain for its own account. It denotes the point at which the risk passes from the company, as self-insurer, to a […]

Source: https://ca.news.yahoo.com, August 20, 2014 The province has ordered two local companies to decontaminate a house after a botched asbestos-removal job forced a family from their Winnipeg home. A Winnipeg family hired Sarte Heating and Cooling to replace the old boiler system in her Point Douglas home but was told the company couldn’t do the old […]

Source: http://legalnewsline.com, August 20, 2014 By: Bryan Cohen Vermont Attorney General William Sorrell announced two court rulings on Monday that he says will help clean up a contaminated former dry cleaning site in Hartford. Washington County Superior Court ruled last week that Richard Daniels, the owner of the contaminated site, may not avoid his responsibilities […]