RT ECP: Claims - Pollution Legal Liab

September 11, 2015

Insurer must defend asbestos exposure lawsuit, California court rules

Source: http://www.lexology.com, August 27, 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 California federal judge has ruled that an insurer had a duty to defend an apartment owner and its construction contractor in connection […]

August 14, 2015

Insurers not liable in Minnesota farm pollution case

Source: http://greatlakesecho.org, August 14, 2015 By: Eric Freedman Neighbors of a now-defunct dairy operation in northwestern Minnesota have failed for a second time to hold the farm’s insurers responsible for pollution-related problems from manure lagoons on the property. A unanimous state Court of Appeals panel ruled that insurance policies for the former farm near Thief […]

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 […]

July 23, 2015

Federal court refuses to “revolutionize” New York insurance law and rejects insured’s argument that routine enforcement of insurance policy consent provisions under New York law should be abandoned

Source: http://www.lexology.com, July 21, 2015 By: John R. Casciano and Nina S. Thanawala, Steptoe & Johnson LLP In SI Venture Holdings LLC v. Catlin Specialty Insurance, No. 14-CV-2261, 2015 U.S. Dist. LEXIS 89925 (S.D.N.Y. July 10, 2015), the US District Court for the Southern District of New York, applying New York law, granted an insurer’s motion […]

July 14, 2015

Insurance company says hotel’s policy excludes damages from pollution

Source: http://www.charlestondailymail.com, July 13, 2015 By: Andrea Lannon An insurance company recently sued by three South Charleston hotels, says a policy issued to the hotels does not cover damages they say they sustained from the Jan. 9, 2014 chemical spill. The hotel groups alleged the insurance providers wrongfully denied their claim for damages sustained from […]

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 […]

June 8, 2015

Are we seeing a revival in Michigan environmental insurance coverage?

Source: http://www.lexology.com, June 5, 2015 By: Charles M. Denton, Barnes & Thornbug LLP The U.S. District Court for the Western District of Michigan, on Feb. 3, 2015, ruled in favor of a policyholder seeking insurance coverage for “Superfund” cleanup costs:  Decker Manufacturing Corp. v. Travelers Indemnity, No. 1:13-CV-820. The court rejected the insurer’s pollution exclusion defense: […]

March 6, 2015

Bozeman insurer balks on landfill coverage, suit says

Source: http://www.bozemandailychronicle.com, March 4, 2015 By: Eric Dietrich The city of Bozeman — facing three lawsuits filed over gases leaking from its closed Story Mill Landfill — may not have legal fees and potential damage awards covered by its municipal insurance, according to a fourth lawsuit filed in Helena. The suit, filed Dec. 15 by […]

March 6, 2015

Louisville Homeowners File Kentucky Whiskey Fungus Class Action Lawsuit

Source: http://www.lawyersandsettlements.com, June 12, 2012 Three Kentucky whiskey makers are facing an environmental class action lawsuit alleging ethanol vapors given off during the aging process are leaving black spots called “whiskey fungus” on nearby cars and homes, and this fungus is allegedly causing permanent property damage. The class action lawsuit was filed on behalf of […]

March 4, 2015

Brain Cancer Cases Shot Up in This Florida Town—Is a Defense Contractor to Blame?

Source: http://www.thenation.com, October 14, 2014 By: Sharon Lerner For years, radioactive waste has seeped into swampland, canals—even drinking water. Now a few families are fighting to hold the polluters accountable. This article was reported in partnership with the Investigative Fund at the Nation Institute, with support from the Gertrude Blumenthal Kasbekar Fund. A pixielike girl […]

February 26, 2015

Maryland Family Files Class Action Injury Lawsuit Against Constellation Energy After Husband Dies From Drinking Contaminated Water

Source: http://www.marylandaccidentlawblog.com, December 3, 2007 By: Lebowitz & Mzhen Anne Arundel resident Gayle K. Queen filed a class action lawsuit against power company Constellation Energy last week. Constellation Energy is the largest power company in Maryland. Queen says her husband David died of kidney failure in 2006 because he drank water with traces of arsenic, […]

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