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Global warming claim not covered under CGL policy
  • Sedgwick LLP
  • USA
  • October 31 2011

In AES Corp. v. Steadfast Ins. Co., 715 S.E.2d 28 2011 (Va. Sept. 16, 2011), the Supreme Court of Virginia held that a complaint alleging than an insured contributed to global warming through emission of carbon monoxide and other greenhouse gases did not allege an "occurrence" within the meaning of a commercial general liability policy

Federal court dismisses Hurricane Katrina global warming lawsuit
  • Shook Hardy & Bacon LLP
  • USA
  • March 30 2012

A federal court in Mississippi has dismissed with prejudice a lawsuit filed by property owners against several insurers and oil companies, alleging that defendants’ activities contributed to global warming that ultimately led to conditions which caused Hurricane Katrina and the resulting damage

Pennsylvania court holds pollution exclusion applies to pig farm odor claim
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • April 3 2012

In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District Court for the Eastern District of Pennsylvania, applying Pennsylvania law, had occasion to consider whether noxious odor emanating from a pig farm constituted a pollutant for the purpose of a total pollution exclusion

State claims related to renewal of FEMA “write your own” floor insurance programs are federally preempted
  • Katten Muchin Rosenman LLP
  • USA
  • May 11 2012

The U.S. Court of Appeals for the Fifth Circuit last week held that any state claim related to the Federal Emergency Management Agency’s (FEMA) “Write Your Own” (WYO) flood insurance program is preempted by federal law if it is based on events which took place while the insured was already covered

Alabama Supreme Court holds PRP letter triggers duty to defend
  • Traub Lieberman Straus & Shrewsberry LLP
  • USA
  • January 3 2013

In its recent decision in Travelers Cas. & Sur. Co. v. Ala. Gas Corp., 2012 Ala. LEXIS 174 (Ala. Dec. 28, 2012), the Supreme Court of Alabama addressed

Federal court rules pollution exclusion clause bars insurance coverage for slag placement
  • Shook Hardy & Bacon LLP
  • USA
  • August 31 2012

A federal court in South Carolina has ruled that a pollution exclusion clause in an insurance policy bars coverage for property damage caused by the placement of slag that later leaked arsenic and lead into the ground

Insurance provides coverage for electric utility’s settlement costs
  • Taft Stettinius & Hollister LLP
  • USA
  • September 21 2015

On Aug. 5, 2015, a federal district court in Louisiana ruled that costs incurred by an electric utility under a settlement with the EPA for measures

Sudden and accidental pollution in Massachusets not always fatal to coverage
  • Foley Hoag LLP
  • USA
  • February 22 2013

In some jurisdictions, an environmental claim under a liability policy with a "sudden and accidental" pollution exclusion has the same prospect of

TX Supreme Court will hear arguments in San Jacinto Waste Pits insurance controversy Jan. 15
  • Pillsbury Winthrop Shaw Pittman LLP
  • USA
  • December 8 2014

The Texas Supreme Court confirmed that it will hear oral arguments in McGinnes Indus. Maint. Corp. v. The Phoenix Ins. Co., et al., No. 13-20360

Colorado joins states that exclude insurance coverage under pollution exclusion clauses for traditional and nontraditional pollution events
  • Wilson Elser
  • USA
  • March 5 2013

Pursuant to an opinion issued by the Colorado Supreme Court (the Court) on February 25, 2013, insurance coverage may be excluded under absolute