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Negligent operation of a storm sewer: a new theory of climate change liability
  • McCarter & English LLP
  • USA
  • May 2 2014

We have written many times about the flawed design of the nation's flood maps in an era of climate change. And spoken about the potential for claims

Insurer must defend claims based on insured’s use of non-pollutant floor sealer
  • Shook Hardy & Bacon LLP
  • USA
  • February 15 2013

A federal court in Missouri has determined that a floor-sealing product used by a construction cleanup company was not a "pollutant" and that the

United States Supreme Court keeps insurance company from seeking recovery of payments under CERCLA claim
  • Taft Stettinius & Hollister LLP
  • USA
  • March 25 2014

The United States Supreme Court recently refused to review a 9th U.S. Circuit Court of Appeals decision barring an insurer's attempt to seek recovery

Mississippi Court holds pollution exclusion applicable to Chinese drywall claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • October 15 2013

In its recent decision in Prestige Properties, Inc. v. National Builders and Contractors Ins. Co., 2013 U.S. Dist. LEXIS 146738 (S.D. Miss. Oct. 10

The gulf oil spill: considerations for insurers
  • Wiley Rein LLP
  • USA
  • May 7 2010

The recent oil spill in the Gulf of Mexico threatens to be an unprecedented disaster as the resulting oil slick begins to move ashore

US District Court for the Southern District of New York finds term “contaminant” contained in definition of pollution in first party property insurance ambiguous precluding summary judgment in case involving WTC particulates
  • Hunton & Williams LLP
  • USA
  • March 31 2008

In Ocean Partners, LLC v. North River Insurance Co., No 04 CV 470 (BSJ) (GWG), 2008 U.S. Dist. LEXIS 14967 (S.D.N.Y. Feb. 28, 2008), the Southern District of New York denied an insurer’s motion for summary judgment with regard to the application of a pollution exclusion in a first party property policy to the infiltration of particulates from the WTC collapse in a nearby insured building

Renewable energy coverage: insuring geothermal risks
  • Wiley Rein LLP
  • USA
  • September 25 2009

The U.S. Department of Energy (DOE) reports that geothermal energy production is a $1.5 billion a year industry

In the matter of Texas Eastern Overseas, Inc.
  • Potter Anderson & Corroon LLP
  • USA
  • November 30 2009

In this opinion, the Delaware Court of Chancery addressed the statutory scheme embodied in Sections 278 and 279 of the Delaware General Corporation Law (“DGCL”) and granted petitioner’s motion for judgment on the pleadings seeking the appointment pursuant to Section 279 of a receiver for respondent, a dissolved Delaware corporation

Plain language of insurance policy's pollution exclusion precludes coverage for gasoline release
  • Kelley Drye & Warren LLP
  • USA
  • April 8 2010

MDK owned a gasoline station in Goshen, Indiana

Florida court holds pollution exclusion not applicable to Chinese drywall claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • May 23 2011

Florida courts historically have given broad application to the pollution exclusion, refusing to draw a distinction between traditional and non-traditional environmental pollution