RT ECP: Articles

May 27, 2014

United States: Expanded Definition Of "Occurrence" Did Not Convert Construction Defect Into Insured Claim

Source: http://www.mondaq.com, May 20, 2014 By: Stan Martin, Duane Morris LLP The terms of an owner-controlled insurance policy defined “occurrence” as “an accident, event, or happening, including continuous or repeated exposure to substantially the same general harmful conditions.”  A New York appellate court has held that this arguably expanded definition was still not sufficiently broad to encompass […]

May 27, 2014

Massachusetts Superior Court determines that New York notice law does not apply despite New York choice of law provision in policy

Source: http://www.lexology.com, May 19, 2014 By: Jacquelyn Burke, Edwards Wildman Palmer LLP In Catlin Specialty Ins. Co. v. Am. Superconductor Corp., 12-2314-BLS1 (Mass. Super. Ct. Jan. 29, 2014),  Catlin sought a declaration of no coverage based on late notice, among other reasons. Catlin, incorporated in Delaware and headquartered in Georgia, issued a claims made professional liability […]

May 27, 2014

Keep environmental issues in mind when considering a lease or sale of former school property

Source: http://www.lexology.com, May 19, 2014 By: Paul D. Meosky, Hodgson Russ LLP As school populations shift, it may become necessary for school districts to consider closing and attempting to sell or lease school buildings and grounds. Amid all of the political, financial, and community issues involved with decisions to close and sell or lease former […]

May 27, 2014

EPA takes aim at federal regulation of hydraulic fracturing chemicals

Source: http://www.lexology.com, May 19, 2014 By: Michael Weller and Heather Palmer, Bracewell & Giuliani LLP The U.S. Environmental Protection Agency (EPA) has taken its first official step toward creating a federal regulatory program that would require disclosure and reporting concerning chemicals used in the hydraulic fracturing process.  On May 9, 2014, EPA released an Advanced Notice […]

May 27, 2014

Swimming against the tide on coverage for faulty workmanship

Source: http://www.lexology.com, May 17, 2014 By: Carl A. Salisbury, Kilpatrick Townsend & Stockton LLP During the past twelve months, five State Supreme Courts have considered whether faulty workmanship of a construction contractor can constitute a covered “occurrence” under the present version of the standard Commercial General Liability insurance policy.  All five of them ruled in […]

May 21, 2014

United States: $2.9 Million Verdict For Plaintiffs Against Oil And Gas Driller

Source: http://www.mondaq.com, May 21, 2014 By: Jennifer Dotson and Anna Y. Boureiko On April 22, 2014, after a two-and-a-half week trial, a Dallas County Court at Law entered a final judgment on a split jury verdict awarding $2.925 million to Texas family, Bob and Lisa Parr from Decatur, against Barnett Shale operator, Aruba Petroleum, Inc., […]

May 21, 2014

Westport files suit against Monsanto for PCB use

Source: http://www.southcoasttoday.com, May 21, 2014 By: Robert Barboza The Town of Westport and the Westport Community Schools announced in a May 13 press release that it has filed a lawsuit against Monsanto Company, the manufacturer of the building products containing polychlorinated biphenyls (PCBs) used in the construction of the Westport Middle School. The town is […]

May 20, 2014

Building On a Rebound

Source: http://www.propertycasualty360.com, May 1, 2014 By: Michael Voelker As construction heats up, producer opportunity abounds in selling cover for enlarged vehicle fleets, as well as CGL and E&O protection against defaults. But the hiring of inexperienced workers and rehiring of long-absent ones spur new claims. While a recovery in residential construction has outpaced the nonresidential […]

May 20, 2014

County has concerns over wastewater treatment plant

Source: LaGrange Daily News (GA), May 19, 2014 Posted on: http://envfpn.advisen.com County officials are concerned about a corporate-owned waste-water treatment facility seeking a five-year extension from the state. County Manager Tod Tentler said the state Environmental Protection Division is about to consider a five-year renewal for a facility on Whitesville Road near Interstate 85 owned […]

May 20, 2014

Company faces sanctions in wastewater treatment plant violations

Source: The Free Lance-Star (Fredericksburg, VA), May 17, 2014 Posted on: http://envfpn.advisen.com Aqua Virginia Inc. is facing a state enforcement action and a fine for violations at its Lake Land’Or wastewater treatment plant in Caroline County. That’s according to a consent order proposed by the Virginia Department of Environmental Quality. A consent order is a […]

May 20, 2014

Liabilities and Insurance Coverage Implications of Solar Panels

Source: http://www.insurancejournal.com, May 19, 2014 By: Samantha Evans Solar panels are quickly becoming a fixture in our everyday lives. Comprised of photovoltaic cells, solar panels harness and convert the sun’s energy into usable electricity otherwise generated by the use of oil, coal and “dirtier” fossil fuels. The environmental benefits associated with solar panels cannot mask […]

May 19, 2014

As environmental debate rages over fracking, people in western Pennsylvania express dread

Source: http://www.buffalonews.com, May 17, 2014 By: Jerry Zremski Is fracking a health and environmental hazard? The dread is real, but scientists say the truth is more complex – and murky For Lou Hancherick, who lives in the countryside amid picturesque hillside vistas and gas wells 30 miles north of Pittsburgh, the dangers of fracking came […]

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