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Articles Posted in Environmental

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Policyholders Beware: Another Insurer Bites the Dust—or Seeks Permission to Do So

The universe of insurers still available to pay long-tail liability claims (e.g., asbestos, pollution, and other health hazards) is getting smaller every year. Significant domestic insurers like The Home, Midland and Mission declared bankruptcy years ago. Significant London Market companies continue to fade away, depriving policyholders with historic London Market…

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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…