RT ECP: Claims - Contr Pollution Liab

August 18, 2015

North Carolina federal court upholds application of pollution exclusion to Chinese Drywall claims

Source: http://www.lexology.com, August 17, 2015 By: T. McRoy Shelley III, Rogers Townsend & Thomas PC NEW NGC, INC. v. ACE AMERICAN INSURANCE CO., Dist. Court, WD North Carolina 2015 – Google Scholar. Insurance carriers have been pretty successful in denying coverage for Chinese Drywall claims, even in jurisdictions where the “middle ground” approach has been […]

August 17, 2015

Federal court in North Carolina rejects construction of pollution exclusion as limited to “traditional environmental” claims

Source: http://www.lexology.com, August 11, 2015 By: George B. Hall, Jr., Phelps Dunbar LLP A federal court in North Carolina held that a pollution exclusion excludes coverage for property damage and bodily injury resulting from defective drywall. New NGC, Inc. v. Ace American Ins. Co., 2015 WL 2259172 (W.D. N.C. May 13, 2015). A manufacturer of drywall […]

July 30, 2015

WCU employee tests positive for Legionnaires’ disease

Source: http://www.dailylocal.com, July 29, 2015 By: Andy Hachadorian A West Chester University employee has tested positive for Legionnaires’ disease and eight cooling towers of buildings on the campus have higher than acceptable levels of the bacteria, the university revealed Wednesday. According to an e-mail sent to all WCU employees and also to the Daily Local […]

June 24, 2015

N.J. Court finds underlying settlement reasonable, orders insurer to pay

Source: http://www.lexology.com, May 20, 2015 By: Amy B. Briggs, Donna M. Carlton, Christine Spinella Davis, David B. Killalea, Stephen T. Raptis and Robert H. Shulman, Manatt Phelps & Phillips LLP Why it matters: A New Jersey appellate panel ruled that an insured’s settlement of an underlying action involving alleged defective installation of windows was reasonable and […]

June 15, 2015

Zurbrugg Site Contractors Indicted for Unsafe Asbestos Removal

Source: http://patch.com, June 21, 2012 Officials said their actions allegedly caused the release of asbestos dust and debris. Two men and the demolition company they operated have been indicted by a state grand jury on charges that they unlawfully removed asbestos from the former Zurbrugg Memorial Hospital in Riverside, without a license and using workers […]

May 20, 2015

Defective Chinese drywall found in luxury Brickell condo

Source: http://www.miamiherald.com, May 19, 2015 By: Nicholas Nehamas A luxury condo tower in Brickell has found defective Chinese drywall in 29 of its units — and will have to pay $3.3 million to have it removed and replaced. Defective drywall is strongly associated with the release of foul-smelling sulfurous gases that damage building materials, appliances, […]

April 16, 2015

Wisconsin Supreme Court finds property damage and bodily injury caused by natural gas explosion covered under pollution liability policy

Source: http://www.lexology.com, April 15, 2015 By: Hunton & Williams LLP The Supreme Court of Wisconsin recently held in Acuity v. Chartis Specialty Insurance Company, No. 2013AP1303 (Wisc. Mar. 17, 2015), that property damage and bodily injury caused by a natural gas explosion triggered defense and indemnity obligations under a Contractors’ Pollution Liability (“CPL”) policy, and […]

March 25, 2015

Modular Hospital Triumph Generates Potentially Costly Trouble

Source: http://enr.construction.com, March 5, 2015 By: Nicholas Zeman, with Richard Korman A 12-story hospital addition in Dayton, Ohio that was hailed in 2010 as an advance in modular construction has turned into a major legal headache and source of costly losses to the construction team, its insurers and the project architect. The trouble emerged after […]

March 20, 2015

Chinese drywall maker promises to pay 7 local families

Source: http://hamptonroads.com, March 20, 2015 By: Sarah Kleiner Varble A Chinese drywall case with a “long and tortured history” took a dramatic turn this week when the manufacturer of toxic imports pledged to pay a 5-year-old debt to seven Hampton Roads families. Taishan Gypsum Co. Ltd. was ordered by a New Orleans judge in April […]

March 19, 2015

Natural Gas Explosion Covered under Contractor’s Pollution Insurance Policy

Source: http://www.wisbar.org, March 17, 2015 By: Joe Forward An insurer that covered a contractor’s liability for “pollution” damages must cover a share of defense costs and settlement amounts from a natural gas explosion that caused property damage and bodily injury, the Wisconsin Supreme Court has ruled. In 2008, Dorner Inc. was performing road construction in Oconomowoc, which included […]

March 11, 2015

Welding Fume Lawsuits

Source: http://www.welding-rod-dangers.com An Illinois jury awarded Lawrence Elam, a 65–year old man with Parkinson’s disease, $1 million based on his exposure to manganese–containing welding fumes. Three welding rod companies were named in his lawsuit—Lincoln Electric, Hobart Brothers and the BOC Group. The year was 2003, and after decades, it was the first successful attempt to […]

March 11, 2015

Welding Rod Injury Lawsuits

Occupational exposure to manganese fumes emitted when filler materials are burned during welding has been related to the development of early Parkinson’s Disease or a similar condition called manganism in some welders. A research team from Washington University found that some professional welders developed signs of Parkinson’s disease an average of 15 years earlier than […]

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