RT ECP: Articles

July 9, 2013

Second Circuit rules that transfer of contaminated fuel oil between containers does not give rise to a “pollution condition”

Source: http://www.lexology.com, July 1, 2013 By: John O’Connor and Christopher M. Dougherty, Steptoe & Johnson LLP In Colonial Oil Industries Inc. v. Indian Harbor Ins. Co., No. 12-4063-cv, 2013 US App. LEXIS 12946 (2d Cir. June 25, 2013), the Second Circuit, applying New York law, ruled that an insurer did not owe defense and indemnity […]

July 9, 2013

Second Circuit affirms application of policy exclusion in crane collapse coverage case

Source: http://www.lexology.com, June 28, 2013 By: James T. Killelea The Second Circuit recently affirmed a lower court decision holding that an insurance policy exclusion barred coverage for claims against a construction company relating to a March 2008 crane collapse in Manhattan. A copy of the decision can be found here. According to the lower court […]

July 9, 2013

United States: Eighth Circuit Rules That The Absolute Pollution Exclusion Applies To The "Release" Of Hazardous Lead Materials But Not To The "Distribution" Of Hazardous Lead Materials As A Product

Source: http://www.mondaq.com, July 3, 2013 By: Thomas M. Contois and Paul Janaskie, Steptoe & Johnson LLP In two related coverage actions, the US Court of Appeals for the Eighth Circuit addressed the application of the absolute pollution exclusion in commercial general liability insurance policies to lawsuits alleging harm from lead extraction operations. Doe Run Resources […]

July 8, 2013

Legionnaires' Disease and Premises Liability

Source: Claims Management, June 2013 By: Thomas P. Bernier and Susan E. Smith Claims Investigation and Defense Strategies for an Emerging Trend What is Legionnaires’ disease? Legionnaires’ disease, or legionellosis, is a serious, potentially lethal type of pneumonia that is caused by bacteria of the genus Legionella. The Centers for Disease Control and Prevention (CDC) […]

July 3, 2013

Second Circuit holds pollution liability policy not triggered

Source: http://www.lexology.com, June 28, 2013 By: Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Colonial Oil Indus. v. Indian Harbor Ins. Co., 2013 U.S. App. LEXIS 12946 (2d Cir. June 25, 2013), the United States Court of Appeals for the Second Circuit, applying New York law, had occasion to consider […]

July 3, 2013

Environmentalists, Santee Cooper trade claims over Grainger cleanup

Source: http://www.heraldonline.com, June 29, 2013 By: David Wren Environmental groups say state-owned electric utility Santee Cooper is trying to mislead the public about its proposed plan to contain groundwater pollution at the closed Grainger plant here, but Santee Cooper officials say the proposal is in its early stages and more detailed information — including answers […]

July 3, 2013

Grasping professional liability insurance coverage

Source: http://idahobusinessreview.com, June 27, 2013 By: John Baker An architect had occasion, for the first time, to call on his errors-and-omissions insurance policy for coverage. No suit had been filed; the architect’s client had not even made a claim. But over a period of months, the architect had grown concerned that some problems he had […]

July 3, 2013

EPA abandons investigation into alleged groundwater contamination from hydraulic fracturing

Source: http://www.lexology.com, June 25, 2013 By: Wayne J. D’Angelo and Andrew M. McNamee, Kelley Drye & Warren LLP The Environmental Protection Agency has abandoned its investigation into alleged groundwater contamination from hydraulic fracturing operations near Pavillion, Wyoming. The investigation will be continued by the state, funded by a $1.5 million grant from Encana Oil & […]

July 3, 2013

Illinois’ new fracking act: what it means for industry

Source: http://www.lexology.com, June 26, 2013 By: Megan R. Galey, Sarah Dotson Mathews and Scott E. Stewart, Husch Blackwell LLP On June 17, 2013, Gov. Pat Quinn signed into law the Illinois Hydraulic Fracturing Regulatory Act, establishing a highly regulated permitting program for high volume horizontal hydraulic fracturing activities that will be overseen by the Illinois […]

July 2, 2013

Hurdle cleared in Randle Reef cleanup

Source: http://www.flamboroughreview.com, June 29, 2013 By: Kevin Werner The federal Environment Ministry’s has cleared the $140-million project to clean up Randle Reef under the federal environment assessment program is one of the last hurdles to finally begin constructing the facility to contain the toxic sediment. “It’s exceptionally good news,” said Chris McLaughlin, executive director of […]

July 2, 2013

OH Fracking Waste Disposal Increasing

Read here about the increase of fracking waste in Ohio resulting from the shale gas and oil drilling process.

June 27, 2013

Explosion Releases Toxic Chemicals

Read here about a chemical plan explosion in Louisiana that released thousands of pounds of toxic chemicals.  

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