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New Superfund Ruling: Court Rules Federal Government Shares Responsibility for Exxon’s War Production Waste Cleanup Costs

On June 4, 2015, U.S. District Judge Lee Rosenthal issued a long ruling, resolving a number of partial summary judgment motions filed in the case of Exxon Mobil Corporation v. United States. Exxon’s predecessors owned and operated large refineries located in Baytown, Texas and Baton Rouge, Louisiana (which are being…

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Florida Appeals Court Overturns Notice/Prejudice Ruling Against Policyholder

Florida’s Third District Court of Appeals recently held that whether “prompt” notice was given to an insurer of a claim occurring over three and a half years after a hurricane caused damages to a condominium is a question of fact that must be given to the jury. This ruling confirms…

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Don’t Trust, Verify: What Every Business Needs to Know About Certificates of Insurance

Certificates of insurance (a.k.a COIs) are used in contract relationships all the time. COIs give details of the insurance policies held by a contracting party as of a certain date.  They usually include information such as the policy number, the name of the insurance company, the type of insurance, the…

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Going Viral: Insurance for Ebola and Other Pandemic Outbreaks

Companies face significant business risks from contagious outbreak. Interruptions in supply arrangements, restrictions on travel, employee downtime, and potential liabilities for infecting third parties are just a few of the risks plaguing business. From Legionnaire’s disease to avian flu, H1N1 to Ebola, businesses and institutions have suffered repeated dislocations and…

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All That Glitters Is Not … Asbestos? Pennsylvania Federal Court Offers Glimmer of Hope to Policyholders with Asbestos Liabilities

If your company faces liability arising out of exposure to asbestos-containing products or materials, it may pay—a lot—to take a second look at your liability insurance policies containing asbestos exclusions. They may not exclude your loss after all. On March 3, 2015, a Pennsylvania federal district court ruled in General…

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Sweeping Ruling in Favor of “Litigation Insurance” Provided by the Duty to Defend

A unanimous panel of the Illinois Appellate Court recently held that three insurers have a duty to defend any case in which the bare underlying allegations—if proved—would render their insured liable, regardless of extrinsic facts. This sweeping ruling confirms that the duty to defend is a form of “litigation insurance,”…