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RT ECP: Claims - Pollution Legal Liab

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, […]

March 26, 2020

Who Pays When Remediation Goes Wrong? A Federal Court’s Evaluation of Contractor Liability

The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”) has been a prodigious generator of litigation for decades. First, the government sought to compel potentially responsible parties (“PRPs”) to clean up contaminated sites. Then, those PRPs who were found liable or who settled with the government sought contribution from other PRPs. Now, even after these […]

March 3, 2020

Huntsville Housing Authority confirms radon problems identified by AL.com investigation, doesn’t tell tenants

The Huntsville Housing Authority found high levels of radioactive gas inside more than 60 public housing units last fall but never told the tenants they were breathing cancer-causing radon. Residents of Butler Terrace Addition knew nothing until reporters from AL.com and its affiliate, The Oregonian/OregonLive, made contact with some of them last week. Read more.…

February 3, 2020

‘Rotting from the inside:’ Fast-growing Philly developer accused of defective building

Source: https://whyy.org, January 31, 2020 By: Meir Rinde Megan Murray felt happy when she bought her condo in Kensington. She loved the walkable, up-and-coming neighborhood and was proud she could afford a $320,000 new construction home with high-end finishes. She wasn’t too worried, at first, that the neighbor in the condo next door said there […]

January 17, 2020

Pollution exclusion means no coverage for this dry cleaner defendant

Source: https://www.canadianunderwriter.ca/, January 16, 2020 By: Greg Meckbach A British Columbia court ruling in favour of Intact Insurance Company and Economical Mutual Insurance Company is now final. A Vancouver-based dry cleaners that wanted to make a pollution-related claim with the two insurers, under commercial general liability policies, cannot appeal the coverage dispute to the Supreme […]

December 19, 2019

CNA unit wins professional liability A&E ruling

Source: https://www.businessinsurance.com/, December 17, 2019 By: Judy Greenwald Massachusetts’ top court affirmed summary judgment Monday in favor of a CNA Financial Corp. unit in a professional liability case in which its policyholder had refused to agree to a settlement. The unanimous ruling by the Supreme Judicial Court of Massachusetts also held in Douglas M. Rawan and […]

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