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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


The Scope of Continuous Trigger in Pennsylvania
  • Gordon & Rees LLP
  • USA
  • December 1 2016

The continuous trigger rule is well-known to those in the insurance industry. However, the scope of its application continues to evolve as new risks


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


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


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


Eighth Circuit holds abandoned lead concentrate is a “pollutant” for purposes of CGL policy absolute pollution exclusion
  • Wilson Elser
  • USA
  • June 25 2013

Does environmental damage stemming from the abandonment of lead concentrate mined and processed on the insured's property fall within the scope of


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


New York’s Highest Court Holds All Sums Allocation And Vertical Exhaustion Applied To Excess Insurance Coverage For Asbestos Claims
  • Locke Lord LLP
  • USA
  • May 4 2016

On May 3, 2016, the Court of Appeals of New York issued its opinion in In re Viking Pump, No. 59, 2016 WL 1735790, and found that "all sums"


Not so fast: New York’s High Court relieves pressure on liability carriers to disclaim coverage “as soon as possible”
  • Carlton Fields
  • USA
  • July 16 2014

Under a New York statute, a liability insurer that denies coverage for a death or bodily injury claim must provide written notice of its decision "as