RT ECP: Articles

September 30, 2022

Climate change and the growing need for environmental impairment liability insurance

Source: https://www.propertycasualty360.com/, September 28, 2022 By: Patricia L. Harman Environmental, social and governance risks (ESG) are increasing and insurers are keenly aware of the need to address their impacts. Climate change is widely accepted as one of the key contributors to increasingly severe weather patterns around the globe. From the unusually high temperatures across Europe […]

September 28, 2022

Potential Liability of Developers for Dangerous Construction Defects

Source: https://www.cwilson.com/, September 27, 2022 By: Dan W. Melnick and Denny Chung It has often been assumed that a developer that is not involved in the physical construction of a building is not liable to the building owners for construction defects. However, the recent case of Condominium Corporation No. 0522151 (Somerset Condominium) v JV Somerset Development Inc., 2022 […]

September 23, 2022

Wolverine Worldwide, 3M to pay $54M in PFAS class settlement

Source: https://www.mlive.com/, September 21, 2022 By: Garret Ellison Wolverine Worldwide and 3M will pay $54 million to Michigan property owners harmed by PFAS contamination under a proposed settlement in a class action case filed in the wake of the pollution discovery five years ago. If approved by a judge, the money would be divided among […]

September 22, 2022

Jury Awards Illinois Woman $363 Million in Suit Over Plant’s Toxic Gas

Source: https://www.insurancejournal.com/, September 22, 2022 A jury has awarded $363 million to a woman who alleged that a now-shuttered suburban Chicago plant that sterilized medical equipment exposed residents to a toxic industrial gas and gave her breast cancer. After a five-week trial, the Cook County jurors on Monday awarded Sue Kamuda $38 million in compensatory […]

September 22, 2022

Fort Plain sues makers of firefighting foams for alleged contamination

Source: https://romesentinel.com/, September 22, 2022 By: Ashley Onyon The village of Fort Plain is suing the makers and distributors of firefighting foams containing hazardous chemicals that are allegedly responsible for contaminating a pair of local groundwater wells. Napoli Shkolnik law firm filed the suit on behalf of the village in state Supreme Court in Montgomery […]

September 22, 2022

Man sues Met Council over property damage next to Southwest Light Rail construction

Source: https://www.cbsnews.com/, September 21, 2022 By: Caroline Cummings A man is suing the Met Council and its contractors for property damage he alleges stemmed from part of the Southwest Light Rail’s construction just steps away from his building. Steven Savitt is seeking more than $750,000 in compensation from the Met Council and Luna Construction and […]

September 21, 2022

Fort Plain files lawsuit over PFOA, PFOS contamination

Source: https://www.news10.com/, September 20, 2022 By: Harrison Grubb The Village of Fort Plain is suing numerous companies after PFOS and PFOA was discovered in a secondary water supply in 2020. The lawsuit targets companies that developed, distributed, or marketed firefighting foams that allegedly caused the contamination. Amongst the companies being sued are 3M and DuPont. […]

September 21, 2022

Michigan takes action against Lockhart Chemical after Flint River oil spill

Source: https://www.abc12.com/, September 19, 2022 By: Ryan Jeltema The company behind a massive oil spill in the Flint River earlier this summer must immediately stop using underground water disposal systems. Michigan Attorney General Dana Nessel announced an order Monday requiring Lockhart Chemical to cease the use of underground wastewater and stormwater systems immediately. Read more.

September 20, 2022

Safeway to pay $8M in settlement over underground fuel storage tank violations

Source: https://www.danvillesanramon.com/, September 18, 2022 California Attorney General Rob Bonta and five county district attorneys on Friday announced an $8 million settlement with Safeway regarding alleged violations of environmental laws at its 71 gas stations across the state, including in the Tri-Valley. The settlement, which along with the attorney general included the district attorneys of […]

September 19, 2022

Do contractors need professional liability insurance?

Source: https://www.bizjournals.com/, September 8, 2022 By: Tim Walsh With the evolution from the design-bid-build approach to construction to more collaborative delivery models (integrated project delivery, design-build, delegated design, design-assist), all or portions of the risk for negligent act, errors or omissions in design have shifted to the construction manager and its subcontractors. General liability policies […]

September 19, 2022

At Odds With ‘Occurrences’ in Pennsylvania Faulty Workmanship Claims

Source: https://www.law.com/, September 12, 2022 By: Christopher J. Tellner Here we are again. When last writing on this topic in 2018, courts within the commonwealth consistently ruled that faulty workmanship and negligent construction do not rise to the level of an “occurrence” in commercial general liabilities (CGL) policies. That is, until faulty workmanship becomes an […]

September 19, 2022

PFAS, EPA and “Forever Chemicals”: Rumor has it, forever is a long time! Buckle-Up as EPA Doubles Down – Hazardous Substance Designation for PFAS

Source: https://www.lexology.com/, August 26, 2022 By: Michael A. Walsh, Parsons McEntire McCleary PLLC In October 2021, EPA released the PFAS Strategic Roadmap[1] laying out an overall approach to addressing PFAS. True to its word and on the heels of controversial June 2022 Interim and Final Health Advisories,[2] the EPA has published a Proposed Rule entitled “Designation of Perfluorooctanoic Acid (PFOA) and […]

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