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RT ECP: Claims - Pollution Legal Liab

January 7, 2022

Pollution Liability Insurance Protects Contractors From Unexpected Environmental Claims

Source: https://constructionexec.com/, January 4, 2022 By: Janice Greenberg Construction professionals undoubtedly engage in a call or email conversation at least once a year with their insurance broker to discuss the company’s insurance coverages. Typically, these conversations center around whether to renew the company’s existing policies with its current insurance carriers or purchase policies from new […]

January 5, 2022

Chicken waste stench raising stink among neighbors Hidden Valley Farms spreads poultry sludge

Source: Birmingham News, January 2, 2022\ Posted on: https://www.advisen.com/ Janice Williams thought something was dead near her Morgan County home based on the smell, but she couldn’t decide what it was. “I thought the dogs might have killed an armadillo. I searched the yard for an armadillo, but then I found out where the smell […]

December 3, 2021

Madison homeowner resists demands to pay for past owner’s property contamination

Source: https://www.wkow.com/, December 2, 2021 By: Tony Galli A Madison homeowner is resisting state demands for additional payments to address his property’s environmental contamination as the result of the practices of a previous owner. “I had no idea there was a problem,” Ken Koeppler says of his knowledge of the property’s condition at the time […]

October 25, 2021

Will those responsible for California oil spill pay for the damage? It could be a battle

Source: https://www.bakersfield.com/, October 25, 2021 By: Connor Sheets, Laura J. Nelson and Anita Chabria Six years ago, a ruptured oil pipeline in Santa Barbara County sent 140,000 gallons of crude oil gushing onto the sands of Refugio State Beach. The company that owned the pipeline survived the onslaught of lost revenue and lawsuits that followed, […]

October 7, 2021

Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

Source: https://www.lexology.com/, October 5, 2021 By: Melanie A. McDonald, Saxe Doernberger & Vita, P.C. Applying Louisiana law, a recent federal court decision exemplifies why policyholders should thoroughly read claims-made policies to understand when notice is due to insurers and truthfully complete policy applications. In Admiral Insurance Company v. Dual Trucking, Inc.,1 the Court determined the insurer, […]

October 4, 2021

Massive oil spill sends crude onto Orange County beaches, killing birds, marine life

Source: https://www.latimes.com/, October 2, 2021 Crews raced Sunday to contain the damage from a major oil spill off the Orange County coast that left crude spoiling beaches, killing fish and birds and threatening local wetlands. The spill, first reported Saturday, originated from a pipeline off the coast of Huntington Beach connected to an offshore oil […]

July 27, 2021

Insurance Coverage/Landfill: Louisiana Appellate Court Addresses Applicability of Total Pollution Exclusion

Source: https://www.jdsupra.com/, July 14, 2021 A Louisiana Court of Appeals (Fourth Circuit) (“Court”) addressed an insurance coverage issue arising out of contamination associated with a landfill. See The Louisiana Department of Environmental Quality v. Tidewater Landfill, LLC & The Louisiana Fruit Company , et al., 2021 WL 1132241. The question addressed was whether a pollution exclusion provision […]

July 16, 2021

2 Cases Of Legionnaires’ Disease Linked To Albert Lea Hotel, MDH Says

Source: https://minnesota-cbslocal-com.cdn.ampproject.org/, July 10, 2021 Minnesota health officials have traced back two cases of Legionnaires’ disease to a hotel in Albert Lea. Two people from unrelated groups were hospitalized after they spent time in the pool and hot tub area of the hotel in the last weekend of June. One person has been discharged, while […]

June 10, 2021

In pollution claim, ‘sudden’ could mean several months, court finds

Source: https://www.canadianunderwriter.ca/, June 8, 2021 By: Greg Meckbach Insurance coverage for a “sudden and accidental” release of diesel fuel can include a discharge that continued over several months, the Nova Scotia Court of Appeal has ruled in a commercial coverage dispute. As a result of Zurich Insurance Company Ltd. v. Halifax Regional Municipality, released June 3, […]

June 8, 2021

Heating Oil Underground Storage Tanks (USTs) in the Basement of a Multi-Family Residential Tower

Source: SiriusPoint Environmental A lending institution wanted to offer a loan to refinance a 45-story multi-family residential tower in New York. The boilers in the basement had historically been fueled by heating oil that was stored on-site in several large USTs buried beneath the basement floor. The USTs were no longer in use and had […]

June 8, 2021

Former Dry Cleaner in a Shopping Center

Source: SiriusPoint Environmental A bank was looking to provide financing for the acquisition of a multi-tenant commercial shopping center in Chicago. The issue holding up the negotiations was their concern with potential environmental impacts from an on-site dry cleaner that had operated for decades prior to vacating the site in the late 1990’s. A limited […]

January 11, 2021

First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill

Source: https://www.lexology.com/, January 7, 2021 By: Syed S. Ahmad and Adriana Perez, Hunton Andrews Kurth LLP The First Circuit recently held that a “Special Hazard and Fluids Limitation Endorsement” was ambiguous and therefore there was excess coverage for a fuel spill that occurred after a tanker-truck overturned. In Performance Trans. Inc. v. General Star Indem. Co., […]

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