Source: http://www.lexology.com, July 5, 2013 By: Hillary Coombs Jarvis and John P. Swenson, Steptoe & Johnson LLP In Nautilus Insurance Company v. 3Builders, Inc., Civil No. 11-00303 LEK-RLP, 2013 WL 3223643 (D. Haw. June 24, 2013), the United States District Court for the District of Hawaii, applying Hawaii state law, granted Nautilus Insurance Company’s (“Nautilus”) […]

Source: http://www.news-gazette.com, July 14, 2013 By: Bill Anaya Last month, Gov. Pat Quinn signed the Illinois Hydraulic Fracturing Regulatory Act (P.A. 098-0022). Others may continue to seek a moratorium on hydraulic fracturing in Illinois, but with the governor’s signature, a moratorium on hydraulic fracturing in Illinois is merely a protest. We can, however, expect challenges […]

Source: http://www.lexology.com, July 12, 2013 Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in GS2 Engineering & Environmental Consultants, Inc. v. Zurich American Ins. Co., 2013 U.S. Dist. LEXIS 95137 (D.S.C. July 9, 2013), the United State District Court for South Carolina had occasion to consider the limitations of coverage inherent […]

Source: http://www.environmental-law.net, July 9, 2013 Southern Wine & Spirits of New York vs. Impact Environmental Consultants, 2013 N.Y. App. Div. LEXIS 2081(App. Div.-1st Dept 3/28/13) involves a common source of contamination in Long Island and other suburban areas of New York City-dry wells and septic systems. The parties have yet to begin discovery but based […]

Source: http://www.burlingtonfreepress.com, July 2, 2013 By: Matt Sutkoski League of Cities and Towns says CSWD was aware of pollution-exclusion clause; district says it thought it was covered The Chittenden Solid Waste District is suing its insurance carrier to help recover costs as it struggles back from last year’s infiltration of herbicides into the compost it […]

Source: http://www.lexology.com, July 2, 2013 By: Charmian Barton, Norton Rose Fulbright LLP Introduction Recent changes to offshore environment legislation include the introduction of an express ‘polluter pays’ obligation. Titleholders are under a duty to eliminate and control any petroleum escape, remediate damage and monitor the environmental impact of the escape. These changes came into effect […]

Source: http://www.unioncityreporter.com, July 7, 2013 By: E. Assata Wright Environmental work will culminate in Bayfront groundbreaking, new waterfront development Honeywell International Inc. recently announced that it has begun the next phase of chromium cleanup at sites along Jersey City’s West Side, work that will culminate in the construction of the Bayfront development, a planned mixed […]

Source: http://www.lexology.com, July 2, 2013 By: Jan A. Larson, Jenner & Block The U.S. District Court for the Middle District of Florida recently granted summary judgment for policyholder, Arrow Terminals, Inc. (“Arrow”), ruling that a pollution exclusion and health hazard exclusion did not apply to Arrow’s Chinese drywall (“CDW”) claims, and ordering Arrow’s insurers, American […]

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 […]

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 […]

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 […]

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) […]