Compass Insurance Co. v. City of Littleton--Colorado Supreme Court Adopts Second Discharge Analysis in Finding Insurance for City Environmental Liabilities
William J. Brady and Lisa K. Mayers of Grimshaw & Harring, P.C.
On June 28, 1999, the Colorado Supreme Court issued a landmark decision addressing insurance coverage for the cities of Littleton and Englewood at the Lowry Landfill. In Compass Insurance Co. v. City of Littleton, the Colorado Supreme Court held that insurance companies issuing standard form comprehensive liability (CGL) insurance policies had to defend the cities against the EPA's allegations of environmental liability under Superfund.
Environmental Coverage Under Comprehensive General Liability Policies
McMillan, Rather, Bennett & Rigano, P.C.
Comprehensive General Liability ("CGL") insurance policies issued after the early 1970s contain some form of a poll.
Reducing the Risk: Environmental Insurance Becoming Standard Practice
Tricia A. Haught of Day Pitney LLP
If previously unknown contamination is discovered on a brownfield site, cleanup costs not covered.
Products Liability Update: Two California Supreme Court Decisions in Favor of Insurers
Dorothy Vinski Holmes of Brobeck Phleger & Harrison LLP
This products liability report deals with two recent California Supreme Court decisions affecting insurance coverage.
California Supreme Court: Standard Insuring Agreement In A Comprehensive General Liability ("CGL") Insurance Policy May Provide Coverage When The Insured Has To Pay Damages For Breach Of Contract
This article discusses the implications of Vandenberg v. The Superior Court of Sacramento County. In this case, the California Supreme Court held that a "CGL" Insurance Policy may provide coverage for contract damages.
Genetic Engineering: A "Potential" Emerging Coverage Issue?
John E. James of Potter Anderson & Corroon LLP
This article will explore the achievements of genetic engineering and the criticisms of its alleged risks. That discussion will serve as background to the prospects of insurance coverage for those policyholders which may some day need coverage for the genetically engineered products that some are afraid will cause property damage or bodily injury.
Pennsylvania Court Rules Carbon Monoxide is a Pollutant
Sherilyn Pastor and Louis A. Chiafullo of McCarter & English, LLP
A Pennsylvania appellate court ruled that the absolute pollution exclusion bars coverage for carbon monoxide-related injuries. In Matcon Diamond, Inc. v. Penn National Ins. Co., No. 186 WDA 2002 (Pa. Super., Jan. 17, 2003), a policyholder was sued when its employee succumbed to carbon monoxide fumes while using a gas-powered tool in an enclosed workspace. The policyholder turned to its insurer for a defense, but the insurer denied coverage based on its pollution exclusion.
No Bootstrapping Permitted
Aaron F. Fishbein of Mound Cotton Wollan & Greengrass
In Este Oils Co. v. Federated Ins. Co., No. C-980048, Slip Op. (Ohio Ct. App. Feb. 9, 1999), the Ohio Court of Appe.
Wisconsin Supreme Court Finds No CGL Coverage for Lead-Based Paint Claims
Cook & Franke S.C.
On July 9, 1999, in Peace v. Northwestern Nat'l Ins. Co., the Supreme Court of Wisconsin held that lead-based paint.
How to Locate Lost or Missing Policies in Reconstructing Insurance Coverage for Environmental Damage Claims
William J. Brady of Grimshaw & Harring, P.C.
The Standard Form Comprehensive General Liability Insurance Policy or ("CGL") has been drafted on an industry-wide basis through organizations such as the Insurance Services Office (ISO), and its predecessor, the Insurance Rating Board. The Standard Form Comprehensive General Liability Policy contains common insuring agreements, definitions, exclusions, terms, and conditions, and in most respects varies insignificantly from one policy to another when analyzing for environmental damage claims coverage.
Is Mold Toxic To Insurers?
Curtis P. Cheyney of Swartz Campbell LLC
There has been a proliferation of mold-related insurance claims in recent years. The implications of this on the insurance industry have been, and continue to be serious. Media hype and increased public awareness has fueled a frenzy of claims against insurers for not only property damage and remediation of mold infestations in both residential and commercial properties, but also for personal injuries supposedly derived from exposure to mold. And, based on the propensity of mold for quick growth in the right climactic conditions, failure of insurers to quickly remediate during the pendency of coverage disputes has led to an influx of bad faith claims.
Pennsylvania Supreme Court Issues Two Important Insurance Coverage Opinions
Pillsbury Winthrop Shaw Pittman LLP
In a case of first impression, the court adopted a broad standard for known loss doctrine. In a second case the court remanded a pollution exclusion case with endorsement of regulatory estoppel principle.
Contamination Is Not Pollution
Mound Cotton Wollan & Greengrass
In August, the Superior Court of Massachusetts, in an act of linguistic legerdemain, held that contamination of a b.
City of Littleton, Wallis, and Insurance For Multi-Year Liability Claims
William J. Brady and Lisa K. Mayers of Grimshaw & Harring, P.C.
Recently the Colorado Supreme Court decided two important cases arising in the environmental insurance coverage context. The decisions are expected to have a major impact on the availability of insurance coverage for Colorado policyholders.
Lunch at Ho Wah or The Not So Absolute Pollution Exclusion
Steven P. Kaiser of Steven P. Kaiser
Stuart and Maurie had tried over the fifteen years of their friendship to meet every third Wednesday for lunch.
New Golf Course Insurance Program Available
Saul Ewing LLP
With the increase popularity of golf, and the number of lawsuits associated with the sport being filed - fr.
Michigan Insurance Update
Pepper Hamilton LLP
This newsletter updates readers with the state of the law in Michigan relating to insurance issues.
CCA-Treated Wood Litigation and Insurance Coverage Issues
Arnold L. Natali,Louis A. Chiafullo and Richard J. Valladares of McCarter & English, LLP
Forecasting a potential litigation explosion arising from a company's allegedly hazardous product may be a determining factor as to whether a company survives the litigation storm or suffers a more dismal fate, such as bankruptcy. Unfortunately, forecasting the "mass-tort" phenomenon is an imperfect science and extremely difficult.
Pollution Exclusions: The Insurance Industry's Attempt to Limit Exposure
Ronald Arthur Lowry of Law Offices of Ronald Arthur Lowry
Ron Lowry is a former insurance defense attorney who now represents plaintiffs in serious injury and insurance case.