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RT ECP: Claims - Pollution Legal Liab

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., […]

January 8, 2021

Here’s the latest on the Fort Bragg housing complaint class-action suit

Source: https://www.fayobserver.com/, January 8, 2021 By: Rachael Riley Another Fort Bragg family has entered into a class-action complaint against Fort Bragg’s housing provider, Corvias, as Corvias looks to have the class-action complaint dropped. On June 24, three Fort Bragg families filed complaints against Corvias and its partners.  Read more.

October 26, 2020

Weed Elementary building closed after discovery of dangerous black mold

Source: https://www.mtshastanews.com/, October 23, 2020 By: Skye Kinkade A severe infestation of black mold that’s the result of water damage from a snowstorm last year is prompting an emergency at Weed Elementary School. The building that houses the office, library, and two special day classrooms is being evacuated and sealed off, said principal/superintendent Jon Ray. […]

October 20, 2020

South Carolina School District Faces $3M in Repairs from Mold Damage

Source: https://www.insurancejournal.com/, October 20, 2020 Officials for a South Carolina school district say it could cost up to $3 million to fix damage and prevent the future spread of mold that was discovered in two buildings. Construction workers found the mold from high water activity inside the walls of a Beaufort County elementary school and […]

September 1, 2020

Reopened Schools Find Health Risks in Water After Covid-19 Lockdowns

Source: https://www.nytimes.com/, August 27, 2020 By: Max Horberry The new coronavirus is not the only illness that teachers, students, parents and staff will have to worry about as some schools attempt to reopen this fall. Legionella could lurk in the water supplies of school buildings, and some measures to keep people in schools safe from coronavirus […]

June 25, 2020

Lotte Chemical downstream loss triples to around $600mn

Source: Insurance Insider, June 25, 2020 By: Anna Sagar The loss from a March explosion at a South Korean petrochemical plant has expanded from about $200mn to around $600mn after BI claims inflated the original tally, Insurance Insider understands.   Marsh is the broker of Lotte Chemical’s downstream energy property policy, with the loss expected to hit carriers […]

April 30, 2020

San Francisco’s Treasure Island residents sue Lennar, others for $2B, claim failed toxic cleanup

Source: https://www.constructiondive.com/, January 28, 2020 By: Kim Slowey In addition to the $2 billion plus legal fees, the plaintiffs are asking the court to require that the defendants remediate the property to an acceptable condition; conduct safety and health assessments for those living, working or attending school on the island; and stop any development, construction, […]

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