Christopher M. Dougherty
Steptoe & Johnson LLP
Articles
Second Circuit applies Texas law and holds pollution exclusion bars coverage for fumes emitted from policyholder’s product
USA - May 30 2014 In Lapolla Indus., Inc. v. Aspen Spec. Ins. Co., --- F. App'x ----, 2014 WL 2019281 (2d Cir. May 19, 2014), the United States Court of Appeals for…
Connecticut Appellate Court holds settlement negotiations not a “suit” under CGL and umbrella policies
USA - January 17 2014 In Recall Total Information Management, Inc. v. Federal Insurance Co., the Appellate Court of Connecticut held that settlement negotiations between…
Second Circuit rules that transfer of contaminated fuel oil between containers does not give rise to a “pollution condition”
USA - July 1 2013 In Colonial Oil Industries Inc. v. Indian Harbor Ins. Co., No. 12-4063-cv, 2013 US App. LEXIS 12946 (2d Cir. June 25, 2013), the Second Circuit…
Colorado Supreme Court refuses to apply “reasonable expectations” doctrine, holds pollution exclusion not limited to “traditional” environmental pollution
USA - March 8 2013 In Mountain States Mutual Casualty Co. v. Roinestad, No. 10SC853, 2013 Colo. LEXIS 166 (Colo. Feb. 25, 2013), the Colorado Supreme Court held that a…
Georgia Supreme Court holds that insurers denying coverage may not reserve right to assert additional defenses
USA - July 2 2012 In Hoover v. Maxum Indemnity Company, ___ S.E.2d ___, 2012 WL 2217040 (Ga. June 18, 2012), the Georgia Supreme Court, applying Georgia law, reversed the Georgia Court of Appeals’ ruling that an insurer had no duty to defend its policyholder against a personal injury lawsuit filed by the policyholder’s employee, holding that by denying coverage for the claim under the policy’s Employer’s Liability Exclusion, the insurer waived the right to later assert the policy’s late notice provisions.
