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September 22, 2016

Subcontractor Exception Torpedoes Insurers’ Defense To Faulty Workmanship Claim

Source: http://propertycasualtyfocus.com, September 216, 2016 By: Daniel G. Enriquez and Robert D. Helfand As this blog has reported, a line of cases deciding coverage disputes over faulty workmanship runs against (or, at least, around) a basic rule for interpreting insurance policies.  Under that rule, the scope of coverage is determined by a policy’s insuring clause, which […]

April 25, 2016

Bedbug infestations plague dorm

Source: http://yaledailynews.com, April 22, 2016 By: David Yaffe-Bellany When Luying Liu GRD ’21 noticed brown blotches on her bed sheets, she told herself not to panic. “I was doing a lot of other stuff at the time and tried to get my mind off it,” Liu said. But the blotches — dried blood from the […]

October 22, 2015

Contaminants stay under wraps

Source: Patriot-News (Harrisburg, PA), October 20, 2015 Posted on: http://www.advisen.com When it comes to lab test results, you can’t find something you’re not looking for. The state Department of Environmental Protection uses a lab code system specifically designed to test water around oil and gas drilling sites that ensures certain contaminants that might be in […]

October 13, 2015

Fracking Study Ties Water Contamination to Surface Spills

Source: http://insideclimatenews.org, October 13, 2015 By: Lisa Song Research in Pennsylvania shows increased chemicals, but they are not coming from deep underground, making them easier to target. Residential water wells near Marcellus shale fracking in northeast Pennsylvania were more likely to contain higher levels of diesel-like chemicals, especially if the gas well had a history […]

September 25, 2015

Unsettling dust: Hundreds of Portland homes demolished with asbestos inside

Source: http://www.oregonlive.com, September 25, 2015 by: Fedor Zarkhin Heather Dickinson watched in alarm last year as a man in a backhoe tore down the one-story Southeast Portland house next door, sending a plume of grayish-brown dust above neighboring rooftops. The dust spread everywhere, creeping into Dickinson’s house, caking her home’s exterior walls, and billowing into […]

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 […]

September 9, 2015

Risk and insurance lessons learned from the Ebola outbreak of 2014

Source: http://www.insidecounsel.com, September 1, 2015 By: Michael H. Sampson and Caitlin R. Garber Familiarity with insurance coverage is a must. Epidemics, disease outbreaks and pandemics often garner significant media coverage. In 2014, Ebola captured headlines across the world. At other times, the H1N1 flu, measles, Legionnaires’ disease, or some other disease has grabbed the public’s […]

August 21, 2015

Exclusion for defect in material workmanship in construction insurance policy did not apply to deflecting concrete slabs: B.C. appeal court

Source: http://www.canadianunderwriter.ca, August 20, 2015 The British Columbia Court of Appeal has ruled partly against four commercial insurance carriers, in a disputed claim on a course–of-construction policy, arising during construction on a hospital in Victoria. The insurers must pay $8.5 million to the contractor, as a result of a subcontractor placing concrete slabs that were […]

August 19, 2015

Ninth Circuit Finds Defects in the Construction of a “Known-Loss” Exclusion

Source: http://www.jdsupra.com, August 14, 2015 By: Ashley Harrison Sakakeeny, Carlton Fields Jorden Burt A mason who performed work on a residential project was notified in 2006 that cracks had developed in his work.  Several months later, the mason purchased a commercial general liability policy that expressly excluded coverage for property damage, if an insured “knew […]

August 18, 2015

The Continued Erosion of Coverage Post-'Indalex'

Source: http://www.thelegalintelligencer.com, August 11, 2015 By: Mason Avrigian Jr. and Jeffrey P. Wallack It’s an all-too-frequent fact pattern: construction contractors or subcontractors perform allegedly defective work on a building construction project, resulting in damage not only to the work itself but other aspects of the building. The owner (often an innocent homeowner) has a damaged […]

August 10, 2015

Oil Rig Maker Blamed for Fatal Collapse

Source: http://www.courthousenews.com, August 10, 2015 By: Cameron Langford Twenty-eight workers injured when an oil rig collapsed, killing one in the Bay of Campeche, sued the rig manufacturer in Federal Court. Plaintiffs include the estate representative of Isidoro Solorzano Castillo, who was fatally injured in the May 5 incident. The workers sued rig maker Friede & […]

July 9, 2015

Oil cleanup in Cherokee to be a long process

Source: http://www.smokymountainnews.com, July 8, 2015 By: Holly Kays A riverside petroleum leak in Cherokee has had cleanup crews scrambling since contamination was first discovered in April — and feeling flummoxed the further they’ve probed into the leak’s potential cause. “When we removed the tanks, there was just one little hole in the diesel tank and […]

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