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Massachusetts highest state court: pro-rata “time-on-the-risk” allocation method applies to ongoing environmental pollution occurring over multiple policy periods
- Edwards Wildman Palmer LLP
- -
- USA
- -
- August 4 2009
The Massachusetts Supreme Judicial Court recently held that where an insured "incurs covered costs as a result of ongoing environmental contamination occurring over more than one year and the insurer provided coverage for less than the full period of years in which contamination occurred," the loss should be pro rated among all the insurers on the risk during the relevant period
Insurers encourage Green Building
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 7 2010
Insurers and regulators are addressing Green Building issues at breakneck speed
Katrina: Mississippi Supreme Court finds that an anti-concurrent causation clause in a homeowners’ insurance policy does not exclude coverage for loss separately caused by wind and water
- Edwards Wildman Palmer LLP
- -
- USA
- -
- November 2 2009
On October 8, 2009, the Mississippi Supreme Court issued its highly anticipated decision in Corban v. USAA Insurance Company, holding that the anti-concurrent causation ("ACC") clause in a homeowners’ insurance policy is inapplicable where both wind and water did not act in conjunction in causing Katrina-related damages
SEC and NAIC take affirmative steps to address corporate disclosures regarding climate change
- Edwards Wildman Palmer LLP
- -
- USA
- -
- October 27 2009
On October 2, 2009, as part of the 48th Annual Corporate Counsel Institute held at Northwestern University School of Law, SEC Commissioner Elisse B. Walter gave a speech entitled “SEC Rulemaking ‘Advancing The Law’ To Protect Investors.”
Katrina: claims to continue against defendants who allegedly caused the emission of greenhouse gases that added to the ferocity of Hurricane Katrina
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 13 2010
On October 16, 2009, in a lawsuit brought by owners of property along the Mississippi Gulf coast that sustained damage from Hurricane Katrina, the U.S. Court of Appeals for the Fifth Circuit held that the plaintiffs have standing to assert public and private nuisance, trespass and negligence claims against the defendants who caused the emission of greenhouse gases which are alleged to have ultimately added to the ferocity of Hurricane Katrina
FEMA confirms NFIP coverage applies to certain BP oil spill damage
- Edwards Wildman Palmer LLP
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- USA
- -
- June 10 2010
According to media reports, the Federal Emergency Management Agency ("FEMA") has confirmed that damage caused by oil mixed with flood waters is covered under National Flood Insurance Program ("NFIP") policies
New estimates double -- BP oil spill is the equivalent to the Exxon Valdez disaster gushing into the Gulf of Mexico every 8 to 10 days
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 16 2010
The Flow Rate Technical Group, a federal panel, now estimate that 20,000 to 40,000 barrels of oil a day are flowing into the Gulf of Mexico as a result of the Deepwater Horizon explosion
“Green” database to track and report on retrofitted buildings in New York City
- Edwards Wildman Palmer LLP
- -
- USA
- -
- June 16 2010
The Deutsche Bank Americas Foundation is financing a database of hundreds of buildings that have been sustainably retrofitted in New York City
