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Environmental claims - 11th Circuit applies absolute pollution exclusion

Edwards Wildman Palmer LLP
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USA
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September 25 2008

In James River Ins. Co. v. Ground Down Engineering, Inc., No. 07-13207 (11th Cir. August 20, 2008), the Eleventh Circuit Court of Appeals recently ruled that a Florida state appellate court erred by refusing to give effect to an absolute pollution exclusion in a professional liability policy

Senate committee approves bill to create natural disaster commission

Edwards Wildman Palmer LLP
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USA
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August 7 2007

Last week, the Senate Banking, Housing, and Urban Affairs Committee, in a voice-vote, approved a bill (The Commission on Natural Catastrophe Risk Management and Insurance Act of 2007) that would create a national commission to examine natural disaster risks

Federal judge in Florida rules underground storage tank policy cannot be rescinded

Edwards Wildman Palmer LLP
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USA
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April 30 2008

A federal district court judge in Florida recently ruled that an insurer cannot retroactively rescind a liability policy insuring underground storage tanks (“USTs”) for an alleged material misrepresentation in the policy application

Senate extends NFIP without windstorm coverage

Edwards Wildman Palmer LLP
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USA
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May 14 2008

On May 13, 2008, the Senate passed its version of the Flood Insurance Reform and Modernization Act of 2007 (the “Act”) that would extend the National Flood Insurance Program (“NFIP”) through 2013

NAIC considers climate change measures

Edwards Wildman Palmer LLP
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USA
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June 18 2008

A white paper examining the potential impact of climate change on the insurance industry has recently been approved by the National Association of Insurance Commissioners’ (“NAIC”) Climate Change and Global Warming Task Force

First Circuit Federal Appeals Court certifies important allocation questions to Massachusetts Supreme Judicial Court

Edwards Wildman Palmer LLP
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USA
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June 20 2008

The U.S. First Circuit Court of Appeals recently certified to the Massachusetts Supreme Judicial Court the following critical questions regarding allocation of loss to multiple insurers for long-term environmental contamination

New Hampshire Supreme Court adopts pro rata allocation methodology in environmental coverage case

Edwards Wildman Palmer LLP
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USA
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December 11 2007

In a matter of first impression, the New Hampshire Supreme Court recently held that a pro rata allocation method, as opposed to a joint and several approach, should be applied in an environmental coverage action for purposes of allocating long-term pollution damage among multiple triggered insurance policies

SEC and NAIC take affirmative steps to address corporate disclosures regarding climate change

Edwards Wildman Palmer LLP
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USA
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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.”

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
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USA
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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

Florida Hurricane Catastrophe Fund reforms may impact demand for private reinsurance coverage

Edwards Wildman Palmer LLP
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USA
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April 28 2009

Florida legislators and insurance regulators are actively seeking to shed some of the state’s hurricane risk and to strengthen the financial condition of the Florida Hurricane Catastrophe Fund (the "Fund"

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