RT ECP: Habitational

December 9, 2016

Construction company claims insurance provider failed to protect it

Source: http://norcalrecord.com, December 8, 2016 By: Kristin Danley-Greiner A trial date has been set for the end of January in an insurance coverage case to determine who is responsible for water and mold damage sustained in a condominium. Saarman Construction Ltd. was hired by a homeowners association to complete repairs on the exterior of a […]

September 22, 2016

HUD proposes new lead-based paint rule to protect kids

Source: http://www.crainsdetroit.com, September 19, 2016 By: Saulius Mikalonis “Because lead-based paint is the most important source of lead exposure for young children, the first essential element of primary prevention is implementation of strategies to control lead paint-contaminated house dust and soil and poorly maintained lead paint in housing.” — Preventing Lead Poisoning in Young Children, […]

August 4, 2016

Federal Environmental Requirements for Construction

Source: http://www.cem.va.gov What Do You Need to Consider? Do you perform clearing, grading, or excavation activities? Do you build roads, golf courses, playing fields, homes, or buildings? Are you involved in demolition activities? Will you discharge dredged or fill material to a waterway or wetland? Are you involved in tunnel or pipeline projects? If so, […]

April 20, 2016

Judge: No insurance reimbursement for River Ridge

Source: http://www.newsandtribune.com, April 19, 2016 By: Elizabeth Beilman Board still hoping to receive $1 mil back for environmental policy An ongoing fight for reimbursement of $1 million worth of environmental insurance between the River Ridge Development Authority and the U.S. Army is not over. Last month, the U.S. Armed Services Board of Contract Appeals granted […]

April 14, 2016

Georgia Supreme Court Denies Coverage for Lead-Based Paint Injuries Based on the Pollution Exclusion

Source: http://www.lexology.com, April 12, 2016 By: Thomas C. Blatchley, Gordon & Rees LLP In a matter of first impression, the Georgia Supreme Court recently held that personal injury claims arising from lead poisoning due to lead-based paint ingestion were excluded from coverage under an absolute pollution exclusion in a commercial general liability insurance policy covering […]

February 16, 2016

KB Home to settle on statewide construction defects

Source: Orlando Sentinel (FL), February 15, 2016 Posted on: http://www.advisen.com KB Home reached a settlement with the Florida Attorney General’s Office involving construction defects, failure to disclosure problems to buyers and denial of home-warranty claims for 1,688 houses across the state. At the core of the state’s three-year investigation were construction defects that led to […]

October 22, 2015

When an Exception to the “Mold Exclusion” Exposes Carriers to More Than Just Fungi or Bacteria

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 […]

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 […]

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 […]

February 11, 2015

Virginia court nixes claim Chinese Drywall damage to HVAC systems is covered as equipment breakdown

Source: http://www.lexology.com, February 5, 2015 By: Richard C. Bennett, Cozen O’Connor In Travco Ins. Co. v. Ward, 284 Va. 547, 736 S.E.2d 321 (2012), the Virginia Supreme Court held that loss occasioned by the sulfuric gas released by defective Chinese drywall was excluded under the primary coverage grant of a property policy because of exclusions […]

January 19, 2015

Legionnaire's disease at Bronx housing complex

Read here about a housing complex in New York that is contaminated with Legionnaire’s disease bacteria.

May 31, 2013

Mold Hits Senior Care Facility

Source: Great American Environmental Division, May 2013 During recent interior room renovations at a highly rated senior assisted living facility, mold contamination was encountered on the surface and behind vinyl wall coverings. After inspection of over 35 rooms, the cause was determined to he increased humidity levels brought on by occupants opening windows and allowing […]

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