Source: http://www.jdsupra.com, October 21, 2015 By: Eric Cheng, Wilson Elser The recent New York City outbreak of Legionnaires’ disease (named for a 1976 outbreak of a type of pneumonia at an American Legion convention) has raised awareness of the illness. It has also renewed the courts’ interest in interpreting the Mold Exclusion. In the recent […]

Source: http://www.wausaudailyherald.com, September 18, 2015 By: Nora G. Hertel It doesn’t look like much is happening on the contaminated site of an old dry cleaner on Wausau’s Second Avenue. But machines have been working for the past year to clear lingering chemicals there, and neighbors will clear some overgrown foliage on the plot this weekend. The city’s Community Development Authority […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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 […]

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: […]

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 […]

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 […]