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Civil penalties arising from EPA consent decree are covered by general liability insurance
  • Hunton & Williams LLP
  • USA
  • October 21 2014

A Louisiana federal court held in Louisiana Generating LLC v. Illinois Union Ins. Co. that a general liability insurer must indemnify its

Texas Court of Appeals holds excess insurer obligated to pay after primary insurers settled for less than full limits of underlying policies
  • Phelps Dunbar LLP
  • USA
  • October 1 2014

An appellate court in Texas reversed summary judgment for an excess insurer, finding that the primary insurers did not have to exhaust policy limits

Environmental coverage in the age of the “Absolute Pollution Exclusion”
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • June 24 2014

More than 30 years after the insurance industry began adding a so-called "Absolute Pollution Exclusion" to Comprehensive General Liability insurance

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

Indiana Court of Appeals issues opinion providing guidance on seeking coverage for environmental liabilities
  • Taft Stettinius & Hollister LLP
  • USA
  • July 9 2014

In a recent opinion, the Indiana Court of Appeals examined and provided significant analyses of a number of fundamental concepts in insurance law

Do we have coverage for this? Sometimes it’s worth getting a second opinion
  • Barnes & Thornburg LLP
  • USA
  • November 25 2014

Do you have coverage for claims? Here is a perfect example of a situation where you might not want to take no for an answer. Recently, a firm client

7th Circuit Court departs from 9th Circuit ruling in subrogation suit
  • Taft Stettinius & Hollister LLP
  • USA
  • July 14 2014

Recently, the U.S. District Court for the Southern District of Illinois found that Section 107(a) does create a right to subrogation. Departing from

Fifth Circuit holds that a TPEE in a CGL policy can exclude pollution claims even in the face of a UREC
  • Choate Hall & Stewart LLP
  • USA
  • July 23 2014

The Fifth Circuit Court of Appeals, applying Texas law, held that a Total Pollution Exclusion Endorsement in a CGL Policy did not irreconcilably

New York High Court limits reach of late disclaimer statute, finding it applies only to death and bodily injury claims
  • Gordon & Rees LLP
  • USA
  • July 22 2014

The Court of Appeals of New York found that three insurers had not, by operation of New York’s late disclaimer statute, waived their right to

Eighth Circuit rules that the absolute pollution exclusion applies to the “release” of hazardous lead materials but not to the “distribution” of hazardous lead materials as a product
  • Steptoe & Johnson LLP
  • USA
  • June 21 2013

In two related coverage actions, the US Court of Appeals for the Eighth Circuit addressed the application of the absolute pollution exclusion in