Tag Archives: Environmental insurance coverage

Please join me for “2014 Year in Review: A National Insurance Recovery Webinar”

free webinarAs noted previously here, at Barnes & Thornburg LLP‘s Policyholder Protection blog, I welcome you to mark your calendar and join us for a national insurance recovery webinar on Tuesday, Jan. 27 at 3 p.m. (Eastern). The Barnes & Thornburg insurance recovery attorneys will review 2014’s major legal developments and trends in insurance coverage and recovery. You will learn more about how the events of the past year affected:

  • Directors and Officers (D&O) coverage
  • Excess umbrella liability coverage
  • Coverage for business torts and consumer false advertising claims
  • Coverage for environmental contamination claims
  • Cyber liability and data breach

 

You won’t want to miss this lively discussion of some of 2014’s most important developments for policyholders. Webinar access and dial-in information will be delivered upon registration.

 

Register today!

 

2.0 General CLE Credits Pending for CA, GA, IL, IN, MD, MN, OH, PA

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2015.

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Can companies that recycle waste into other products ensure insurance coverage?

In Christie Smythe’s article “Innovative Recycling Cos. Battle Pollution Exclusions” for Law360, she discusses whether companies “that recycle waste by converting it into products — turning tires into mulch or turkey offal into biodiesel, for instance” will get coverage for pollution-based claims, even if the policyholders told their insurance companies about the nature of their business.  The story is an interesting tale of companies that convert energy byproducts and agricultural waste into other products and their efforts to get insurance coverage for claims against them.

Ms. Smythe was kind enough to quote me at the end of the article.  I explained a best practice for corporate policyholders, in light of insurance industry practice.  Want to read the quote?  Click on over to the full article to read more.

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2010.

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Court grants motion to amend to add insurance company as defendant.

Law360 published a piece about a court decision granting a motion to amend that I wrote.  In short, I represented a policyholder that suffered an explosion and fire at its plant and sought insurance coverage for the related losses.  The policyholder had brought suit against its first party property insurers, and then sought leave to amend to add its pollution liability carrier.   The Federal District Court for the District of New Jersey granted the contested motion.  For the full piece, click here (subscription required).

Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.
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Welcome, Steve Goldberg!

Steve Goldberg, a former colleague of mine at Dickstein Shapiro LLP, has joined the blogosphere.  Steve just started writing the Catastrophic Insurance Coverage Blog.  Surf on over to his blog and give his pieces a read.  Steve’s a sharp lawyer who is another terrific advocate for corporate policyholders.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Thanks, Blawg Review #205!

If I was not a serious blogger about insurance coverage issues, I would make a comment here, with a wink to the old The Jeffersons tv show about how I’m “movin’ on up,” to let you all know that I was featured in Blawg Review #205.  But this is a serious blog about serious issues relating to insurance coverage, so I will not.

The review cited my post about the State of California environmental coverage case and the article by my colleague, Steve Goldberg.  You can find Blawg Review #205 hosted over at Declarations & Exclusions, which, if you are not familiar with it, offers “News and Comment on California Insurance Law, the Politics of Insurance, and Other Risky Business.”  (Again, the serious blogger here would not suggest that presumably, the “Risky Business” relates to insurance topics, and not Tom Cruise sliding across a living room, so I will refrain.)

When you have a free moment, surf on over to Blawg Review #205, and check it out.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.

Steve Goldberg on “Sorting Out a Liability Mess”: An Analysis of State of California v. Allstate Insurance Company

Steve Goldberg My former colleague, Steve Goldberg, recently wrote a column for the Los Angeles Daily Journal regarding the recent State of California v. Allstate Insurance Company insurance coverage decision relating to the Stringfellow Acid Pits, including a discussion of the pollution exclusion.

Victoria Pynchon There is a nice excerpt of the article on Victoria Pynchon’s terrific Settle It Now Negotiation Blog, which begins:

In State of California v. Allstate Insurance Company, 2009 DJDAR 3425 (March 9, 2009), the California Supreme Court reversed a trial court’s grant of summary judgment for a handful of insurance carriers who refused to defend the state against and indemnify it for liabilities arising from an infamous toxic waste site – the Stringfellow Acid Pits. Neither this opinion, nor another in the same matter handed down by the 4th Appellate District in January, finally resolves the state’s claims. Instead, both courts sent two groups of insurance carriers back to the trial court for further proceedings. In both, the insurers lost significant battles but will no doubt continue the fight on yet another day.

Continue reading Steve’s article here.

The take away from this article for risk managers and in house counsel is that coverage may be available for liabilities even after coverage has been denied.  Insurance coverage always is important to policyholders, but in an economic downturn, insurance coverage is essential.

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Disclaimer:

This blog is for informational purposes only. This may be considered attorney advertising in some states. The opinions on this blog do not necessarily reflect those of the author’s law firm and/or the author’s past and/or present clients. By reading it, no attorney-client relationship is formed. If you want legal advice, please retain an attorney licensed in your jurisdiction. The opinions expressed here belong only the individual contributor(s). © All rights reserved. 2009.