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 […]

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 […]