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Texas Supreme Court rules EPA CERCLA enforcement proceedings are a “suit” insurers must defend
  • Jenner & Block
  • USA
  • August 31 2015

Answering a certified question from the United States Court of Appeals for the Fifth Circuit in the affirmative, the Texas Supreme Court recently


Louisiana federal court finds in favor of coverage for work required by Clean Air Act Consent Decree
  • Barnes & Thornburg LLP
  • USA
  • August 28 2015

A federal court in Louisiana recently interpreted the coverage under a Pollution Legal Liability (PLL) policy and found that certain costs required


California: insurers must cover “long tail” claims regardless of corporate reorganization during intervening years
  • Gordon & Rees LLP
  • USA
  • August 26 2015

Many insurance policies contain provisions barring assignment of the insured’s rights without the insurer’s consent, which have been interpreted to


New Jersey Appellate Court rules that insurance rights may be transferred without consent of carrier after the events that trigger coverage
  • Gordon & Rees LLP
  • USA
  • August 25 2015

In Givaudan Fragrances Corporation v. Aetna, the Appellate Division of the New Jersey Court held that an assignee was permitted to pursue coverage on


Insurance protection for losses may be freely assigned in connection with a corporate sale or reorganization
  • Greenberg Glusker Fields Claman & Machtinger LLP
  • USA
  • August 21 2015

On August 20, 2015, the California Supreme Court handed down its much anticipated decision in Fluor Corporation v. Superior Court (Hartford Accident


North Carolina federal court upholds application of pollution exclusion to Chinese Drywall claims
  • Rogers Townsend & Thomas PC
  • USA
  • August 17 2015

Insurance carriers have been pretty successful in denying coverage for Chinese Drywall claims, even in jurisdictions where the “middle ground”


Texas Supreme Court holds EPA potentially responsible party letter is a “suit”
  • Phelps Dunbar LLP
  • USA
  • August 11 2015

In a 5-4 decision, the Texas Supreme Court ruled that a U.S. Environmental Protection Agency (EPA) administrative action to force cleanup under the


Federal judge applies Texas law to maritime policy despite New York choice of law provision
  • Phelps Dunbar LLP
  • USA
  • August 11 2015

A federal bankruptcy judge found that Texas law should apply to a maritime insurance contract instead of New York law as provided in the policy. In


Federal court in North Carolina rejects construction of pollution exclusion as limited to “traditional environmental” claims
  • Phelps Dunbar LLP
  • USA
  • August 11 2015

A federal court in North Carolina held that a pollution exclusion excludes coverage for property damage and bodily injury resulting from defective


Texas Supreme Court rules on an insurer’s duty to defend EPA proceedings
  • Squire Patton Boggs
  • USA
  • August 7 2015

In McGinnes Indus. Main't Corp. v. The Phoenix Ins. Co. (Case No. 14-0465), the Texas Supreme Court by a 5-4 vote joined the majority of other courts