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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

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

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

Is there a duty to defend pollution claims? It’s the complaint, stupid
  • Carlton Fields Jorden Burt
  • USA
  • July 15 2014

This Spring, cases from Florida and Wisconsin reaffirmed the general proposition that a liability insurer's duty to defend must be determined from

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

Pollution exclusion: “sudden and accidental” applied to legacy clean-up sites
  • Norton Rose Fulbright LLP
  • USA
  • March 31 2014

The "sudden and accidental" discharge exception to the pollution exclusion provision of most environmental insurance policies has been the subject of

Pollution exclusion clauses: Wisconsin courts find “septage” to be an excluded pollutant but not “manure”
  • Michael Best & Friedrich LLP
  • USA
  • February 20 2014

Two Wisconsin Court of Appeals panels recently considered whether "manure" and "septage" fall under pollution exclusion clauses of insurance policies

The greater effects of hurricanes in business interruption claims
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 1 2014

In the classic film Forrest Gump, after Forrest returned from the Vietnam War, he honored a wartime promise he had made to his deceased friend Bubba

PRP letter triggered coveragebut delay precludes claim against insurers
  • Manatt Phelps & Phillips LLP
  • USA
  • September 18 2013

A letter sent by the EPA in 2001 pursuant to CERCLA warning Land O'Lakes that it could be a potentially responsible party ("PRP") for cleanup of an

Wisconsin appellate court rules that late notice precludes excess insurance coverage
  • Simpson Thacher & Bartlett LLP
  • USA
  • January 15 2013

A Wisconsin appellate court ruled that Ansul, Inc. and Tyco International, Inc. forfeited coverage under nine Lloyd's excess policies by failing to