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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

New York Supreme Court pro rata allocation for MGP sites on Long Island clarifies self-insured periods
  • Beveridge & Diamond PC
  • USA
  • October 31 2014

A New York State trial court judge applied a pro rata time on the risk allocation for pollution from manufactured gas plants on Long Island.Keyspan

Separate contract serves to limit insurance coverage for Deepwater Horizon spill, Texas Supreme Court rules
  • Manatt Phelps & Phillips LLP
  • USA
  • February 26 2015

The Texas Supreme Court rejected BP’s $750 million claim for coverage under Transocean insurance policies. Since the April 2010 Deepwater Horizon oil

Georgia Court of Appeals takes narrow view of pollution exclusion in lead-based paint case
  • Hunton & Williams LLP
  • USA
  • April 6 2015

On March 30, 2015, the Court of Appeals of Georgia held that lead-based paint did not qualify as a pollutant for purposes of a standard pollution

10th Cir. rejects claim that pollution exclusion in liability policies are ambiguous and inapplicable
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • October 23 2014

On October 20, 2014, the U.S. Court of Appeals for the Tenth Circuit unanimously affirmed the lower court's ruling that the commercial liability

Texas Supreme Court will decide important CERCLA insurance matter
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • October 22 2014

The Texas Supreme Court confirmed that it will decide an issue of Texas law that was certified to the Court by the U.S. Court of Appeals for the

Wisconsin Supreme Court applies pollution exclusion to well contaminated with manure
  • Beveridge & Diamond PC
  • USA
  • January 26 2015

Recently, the Wisconsin Supreme Court held that the pollution exclusion applies to well water contamination arising from the application of manure to

Seventh Circuit applies Indiana choice of law rules to deny insurance coverage for contamination at an Indiana manufacturing facility
  • Taft Stettinius & Hollister LLP
  • USA
  • March 9 2015

Hoosier land owners sleep well at night knowing that they are insured against liability for environmental contamination because Indiana does not

Multi-million dollar insurance bad faith claim in environmental contamination case affirmed on appeal
  • Taft Stettinius & Hollister LLP
  • USA
  • February 25 2015

An environmental contamination case resulting in a $3.4 million award for emotional distress and punitive damages due to unfair claims settlement

Wisconsin Supreme Court: pollution exclusion bars coverage for well contamination resulting from the application of manure and septage as fertilizer
  • Wilson Elser
  • USA
  • January 14 2015

In Wilson Mutual Ins. Co. v. Robert Falk and Jane Falk, 2013AP691 & 2013AP776, and Preisler v. Kuettel's Septic Serv., 2012AP2521, the Wisconsin