RT ECP: Hot Topics

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 […]

July 8, 2015

Breaux Bridge sues oil companies over alleged groundwater contamination due to gasoline additive

Source: http://louisianarecord.com, July 7, 2015 By: Kyle Barnett The City of Breaux Bridge is suing some of the largest oil companies in the world claiming a gasoline additive has tainted the city’s water supply. It is being represented by local firm Boyer Hebert Abels & Angelle, as well as some of the biggest toxic tort attorneys […]

June 8, 2015

Energy Pipeline: Insurance costs play a role in safety, accident clean-up

Source: http://www.greeleytribune.com, June 5, 2015 By: Alison Dyer Bluemel While penalties and regulations work to discourage safety violations in the oil and gas industry, accidents and legal fees happen, and a company’s size plays a large role in how they handle insurance to mitigate the damage. Weld County leads Colorado in the number of active […]

June 8, 2015

COMMENTARY: Raise oil-spill liability cap

Source: http://www.courierpostonline.com, June 7, 2015 By: Ian Adams Santa Barbara County is the latest seaside community to watch its coastline dirtied by an all-too-recognizable black sludge. Early estimates project that more than 100,000 gallons of oil have spilled onto Refugio State Beach via a pipe that burst the morning of May 19. To address the […]

June 4, 2015

Stand-Alone Pollution Insurance Undersold in the Oil Patch

Source: http://www.insurancejournal.com, June 3, 2015 By: Stephanie K. Jones While stand-alone pollution insurance coverage for energy risks is available in the marketplace, more often than not those who need it the most may be unaware it is available or decide not to purchase it. That creates a coverage gap for many oil and gas production-related […]

May 22, 2015

New Jersey Assembly unanimously passes bill broadly allocating liability and damages for hazardous substance discharges from offshore drilling platforms

Source: http://www.lexology.com, May 20, 2015 By: Alexander J. Bandza, Jenner & Block Last week, the New Jersey Assembly unanimously passed a bill, A4258, which is notably broad in its language on allocating liability and damages for releases of hazardous substances from offshore drilling platforms.  The bill would supplement N.J.S.A. 58:10-23.11, the New Jersey Spill Compensation and […]

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