RT ECP: Articles

February 22, 2013

Pennsylvania court holds drywall claims arose out of single occurrence

Source: http://www.lexology.com, February 19, 2013 By: Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Cincinnati Ins. Co. v. Devon International, 2013 U.S. Dist. LEXIS 20659 (E.D. Pa. Feb. 15, 2013), the United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, had occasion to consider whether a […]

February 21, 2013

Insurer must defend claims based on insured’s use of non-pollutant floor sealer

Source: http://www.lexology.com, February 15, 2013 By: David Erickson and Mark Anstoetter, Shook Hardy & Bacon LLP A federal court in Missouri has determined that a floor-sealing product used by a construction cleanup company was not a “pollutant” and that the company’s insurer must defend and indemnify claims based on exposure to the sealant’s fumes. United […]

February 19, 2013

Toxic pollution leads to hefty fine in CA

Read here about a $1.6 million settlement that has been reached with multiple companies as a result of toxic pollution.  

February 18, 2013

United States: Another Win For Pennsylvania Policyholders Concerning The Duty To Defend And The Pollution Exclusion

Source: Mondaq, February 6, 2013 By: John N. Ellison and Luke E. Debevec Policyholders with pollution-related liabilities in Pennsylvania scored another win in January, in the ongoing litigation battle with insurance companies that argue for the broadest possible interpretation of the “pollution exclusions” in their policies. In an important decision issued January 22, 2012, Chief […]

February 18, 2013

Ohio EPA official: Lupo dumped at least six times

Source: Vindicator (Youngstown, OH), February 12, 2013 Posted on: http://envfpn.advisen.com Ben W. Lupo, owner of D&L Energy and Hardrock Excavating, admitted he ordered employees to dump drilling waste into a city storm drain at least five times before being caught Jan. 31, an Ohio Environmental Protection Agency official said. Each time, starting in September 2012, […]

February 18, 2013

EPA promises decision on Ringwood Superfund cleanup

Source: The Record (Hackensack, NJ), February 12, 2013 Posted on: http://envfpn.advisen.com Top federal environmental officials reassured about two dozen Upper Ringwood residents on Monday night that the cleanup of the 500-acre Superfund site in their community is a priority, but some remained skeptical and asked for a government buyout. Mathy Stanislaus, the assistant administrator of […]

February 18, 2013

KS refinery to pay for oil spill cleanup

Read here about a refinery operator in Kansas that will pay over $2 million in clean up costs for a 2007 oil spill.  

February 18, 2013

Erosion Problems Lead to Fines in WV

Read here about a West Virginia gas processing plant that will be over $300K in fines for erosion problems.

February 18, 2013

Wynn: Chemical cleanup wouldn't stall casino bid

Source: Boston Herald, February 13, 2013 Posted on: http://envfpn.advisen.com A waterfront site in Everett where Las Vegas mogul Steve Wynn wants to build a $1 billion casino is contaminated with arsenic, lead and other pollutants — but developers argue cleaning up the land wouldn’t push back the project. The state-mandated cleanup is now facing another […]

February 14, 2013

Industrial Properties and Environmental Risk

Source: http://www.globest.com, February 1, 2013 By: Jay Grenfell The general consensus seems to be that 2013 will be a year with increased investment in commercial real estate and a return to normalcy in the commercial real estate markets. Multi-family was a popular product type in 2012 and was very helpful in driving recovery. Multi-family is […]

February 14, 2013

Port of Longview agrees to partial settlement in contamination suit

Source: The Daily News Online (WA), February 9, 2013 By: Erik Olson The Port of Longview on Friday accepted a partial settlement of nearly $1 million in its suit against some insurers to force them to cover the cost of cleaning up decades-old soil contamination, but the legal fight will continue. Following a closed-door session […]

February 14, 2013

Program helps property owners clean up polluted land

Source: Echo Press (MN), February 10, 2013 For 25 years, Minnesota’s petroleum remediation programs have provided assistance and partial funding for businesses, schools, farmers and homeowners who are responsible for cleaning up property contaminated by petroleum tank leaks. These leaks are a liability for property owners because they can contaminate drinking water, and under certain […]

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