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8th Circuit: although a policyholder’s sealant constituted a pollutant, an absolute pollution exclusion does not automatically apply
  • Manatt Phelps & Phillips LLP
  • USA
  • May 21 2014

A new opinion from a divided panel of the Eighth U.S. Circuit Court of Appeals asks the familiar question: What is a pollutant? Reviewing the

Subrogation and CERCLA cost recovery: 7th Circuit Court refuses to adopt 9th Circuit ruling in Chubb
  • Taft Stettinius & Hollister LLP
  • USA
  • July 10 2014

Subrogation has been defined as "the substitution of one person in the place of another with reference to a lawful claim, demand or right, so that he

Fifth Circuit holds that a TPEE in a CGL policy can exclude pollution claims even in the face of a UREC
  • Choate Hall & Stewart LLP
  • USA
  • July 23 2014

The Fifth Circuit Court of Appeals, applying Texas law, held that a Total Pollution Exclusion Endorsement in a CGL Policy did not irreconcilably

Environmental liability - regulatory compliance - insurance coverage (or not)
  • Dentons
  • USA
  • February 20 2014

After looking at numerous investment opportunities, you bite the bullet, assemble a syndicate of lenders and close on a leveraged buyout transaction

Eighth Circuit holds pollution exclusion applicable to sealant fumes
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 14 2014

In its recent decision in United Fire & Cas. Co. v. Titan Contrs. Serv., 2014 U.S. App. LEXIS 8879 (8th Cir. May 13, 2014), the United States Court

Clean Air Act insurance defense coverage
  • Barnes & Thornburg LLP
  • USA
  • June 25 2013

An electric utility was alleged by U.S. Environmental Protection Agency (EPA) to have made major modifications to its facility, resulting in excess

Seeking (and finding) coverage for Proposition 65 claims
  • Gilbert LLP
  • USA
  • May 14 2014

Navigating California's Safe Drinking Water and Toxic Enforcement Act of 1986better known as Proposition 65is becoming an increasingly

No surprise: environmental claim is not one for “accidental death or bodily injury”
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • July 4 2014

Sometimes I scratch my head and wonder if I'm the only one who doesn't understand. For example, several weeks ago, I wrote about a case that the New

Superstorm Sandy litigation ruling on hold pending parallel mediation
  • Herbert Smith Freehills LLP
  • USA
  • August 27 2014

By way of update to our previous report on 8 May 2013, on 12 August 2014 the New York federal court managing the consolidated Superstorm Sandy

Do EPA letters constitute a suit? Texas Supreme Court to decide
  • Manatt Phelps & Phillips LLP
  • USA
  • July 16 2014

The Texas Supreme Court accepted certification from the Fifth Circuit of the question of whether CERCLA administrative proceedings, including notice