J. Wylie Donald and Jocelyn G. Hill of McCarter & English LLP on Covering the Green Roof -- With Insurance

The City of Toronto just passed North America’s first ordinance mandating the installation of a green roof on new construction commercial and industrial buildings greater than a certain square footage. Green roofs are sprouting in numerous other jurisdictions in response to the sustained interest...

McCarter & English on Panel Finds for Additional Insured Under Ongoing-Operations Clause: Tri-Star Theme Builders, Inc., et al. v. OneBeacon Ins. Co.

By Brian J. Osias and Michael C. Smith, McCarter & English, LLP Courts have struggled with the conflicting expectations of additional insureds and their insurers under the ongoing operations clauses frequently found in comprehensive general liability policies. In a recent decision with potentially...

McCarter & English on Duty To Defend Obligation Arises For Portee Claim In New Jersey Even In Absence Of Allegation Of Physical Injury

By Jason M. Alexander and David A. Thomas, Associates, McCarter & English, LLP The Supreme Court of New Jersey in Abouzaid v. Mansard Gardens Associates, LLC , 2011 N.J. Lexis 684 (June 21, 2011) held that a claim filed under Portee v. Jaffee , 84 N.J. 88 (1980) (an allegation of severe emotional...

McCarter & English on Fifth Circuit Panel Affirms Award of Lost Business Income Based on Post-Loss Economic Conditions

By Mark D. Villanueva, Associate, McCarter & English, LLP The Fifth Circuit Court of Appeals in Berk-Cohen Assocs. v. Landmark Am. Ins. Co. , 2011 U.S. App. LEXIS 14911 (5th Cir. July 20, 2011) recently considered whether an insured may recover for business interruption losses based on a post...

McCarter & English, LLP Discuss Factual Issues That Determine General Liability Insurance Coverage Under New Jersey Law For Violations Of The Telephone Consumer Protection Act: Penn National Insurance Co. v. Group C Communications, Inc.

By Adam J. Budesheim, Associate, McCarter & English, LLP In Penn National Insurance Co. v. Group C Communications, Inc. , A-2813-09T3, 2011 N.J. Super. Unpub. LEXIS 2077 (App. Div. Aug. 1, 2011), the first decision (albeit, unreported) from a New Jersey appellate court addressing insurance coverage...

McCarter & English on CGL Coverage for Advertising Injury: New Jersey Appellate Panel Weighs in on Blast Fax Coverage

By Louis A. Chiafullo and Brett D. Kahn, Attorneys, McCarter & English, LLP The New Jersey Appellate Division's recent decision in Penn National Company v. Group C Communications may help policyholders secure coverage for Advertising Injury liability. The opinion helps to explain the meaning...

Ceres and a Series of Serious Thoughts about the NAIC Climate Disclosures - Part I

By J. Wylie Donald, Partner, McCarter & English Ceres released last month the first analysis of the insurer climate change disclosures submitted to state regulators pursuant to the National Association of Insurance Commissioners rule. The report is eye-opening. The authors have combed through...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part II

By J. Wylie Donald, Partner, McCarter & English We wrote yesterday to introduce Ceres' report on the disclosure of climate risks by insurers and considered its first Recommendation to Regulators concerning mandatory and public disclosures. We address today the second recommendation in Climate...

McCarter & English on Eighth Circuit Affirms Summary Judgment in Favor of Reinsured Concluding the Reinsurance Agreement Unambiguously Requires the Reinsurer to Follow the Settlements

By Cynthia Morrison, Associate, McCarter & English, LLP "Reinsurance, as a specialized industry, utilizes unique terms that are often the subject of disputes between the reinsurer and reinsured. One unique term is the 'follow the fortunes' doctrine which is interpreted, generally...

Ceres and a Series of Serious Thoughts About the NAIC Climate Disclosures - Part III

By J. Wylie Donald, Partner, McCarter & English This is the last of three parts concerning Ceres' recently released Climate Risk Disclosures by Insurers: Evaluating Insurer Responses to the NAIC Climate Disclosure Survey . We already have looked at the first two Recommendations to Regulators...

McCarter & English LLP on Chinese Drywall Litigation and Insurance Coverage

By Nicholas Insua, Jason Alexander & Michael Smith, Attorneys, McCarter & English, LLP In their commentary, "Update: Chinese Drywall Litigation Continues," Nicholas Insua, Jason Alexander & Michael Smith of McCarter & English, LLP, first note that the housing boom of the...

McCarter & English LLP on New Jersey Appellate Division Opens Door to Coverage for Subcontractors' Defective Work

By Craig W. Davis and Nicholas M. Insua, Attorneys, McCarter & English, LLP A recent decision by New Jersey's Appellate Division questions the continued viability of prior New Jersey decisional law regarding whether property damage caused by faulty construction constitutes an "occurrence"...

McCarter & English on Conflicting Interpretations of “Occurrence”: Lessons From the First Climate Change Liability Insurance Case, AES Corporation v. Steadfast Insurance Company

By J. Wylie Donald, David C. Kane, and Lauren E. Ciancia, McCarter & English, LLP The recent decision in AES Corp. v. Steadfast Insurance Co., in which the Supreme Court of Virginia found no "occurrence" in an underlying suit that alleged property damage resulted from the policyholder's...

McCarter & English on Dealing with Conflicts of Interest Inherent in Retrospective Premium Policies

By Steven H. Weisman and Anne Matthews, Attorneys, McCarter & English, LLP There is an inherent conflict of interest created by retrospective premium policies not present in the more typical, guaranteed cost policy. In a guaranteed cost policy, the parties' interests are generally aligned...

McCarter & English LLP on Travelers Property Cas. Co. of Am. v. Mericle and Colony Ins. Co. v. Mid-Atlantic Youth Services Corp., Third Circuit Affirms Lack of Coverage for Pair of Judicial Kickback Cases

By Anne Matthews, Associate, McCarter & English, LLP Robert Mericle and Mericle Construction Company (collectively, "Mericle") along with Robert Powell and Mid-Atlantic Youth Services Corporation (collectively, "MAYS") were each sued in connection with a kickback scheme wherein...

McCarter and English LLP on the Virginia Court’s Narrow Reading of “Proximate Cause” Allegations in a Complaint Is Contradicted by a California Court’s Reading of the Same Complaint

By Adam J. Budesheim, Associate, McCarter & English, LLP In AES Corp. v. Steadfast Insurance Co. , 725 S.E.2d 532 (Va. 2012), the Supreme Court of Virginia became the first ultimate appellate court to rule on whether general liability policies cover global warming injuries. The Virginia court...

McCarter & English on New Jersey Supreme Court Denies Coverage to Cemetery and Crematory for Claims Arising from Illegal Harvesting of Human Remains: Memorial Properties, LLC v. Zurich American Insurance Co.

Cynthia S. Betz, Associate, McCarter & English LLP In Memorial Properties, LLC v. Zurich American Insurance Co., 2012 N.J. LEXIS 682 (N.J. June 28, 2012) , the New Jersey Supreme Court affirmed the Appellate Division's decision that a cemetery and crematory were not entitled to insurance...

Federal-Mogul Global Inc.: Third Circuit Holds Bankruptcy Code Preempts Anti-Assignment Provisions, Allowing Transfer of Policy Rights to Asbestos Trust

By Jennifer Black Strutt, Associate, McCarter & English, LLP Federal-Mogul Global, Inc., one of the world's largest manufacturers of automobile parts, and its affiliates filed for Chapter 11 bankruptcy, seeking to resolve asbestos-related liability through the creation of a personal injury...

McCarter & English, LLP on State of California v. Continental Insurance Co.: California Supreme Court Affirms All-Sums-With-Stacking Rule, Allowing Policyholder to Access “Uber-Policy” for Long-Tail Property Damage Claims

By Jennifer Black Strutt, Associate, McCarter & English, LLP The California Supreme Court considered complex questions of insurance policy interpretation in connection with environmental contamination at the Stringfellow Acid Pits waste site. A federal court held the State liable for all past...

McCarter & English on Vigilant Insurance Co. v. Sibbio: Insurer Had Duty to Defend Based on Reasonable Possibility of Coverage

By Lauren E. Ciancia, Associate, McCarter & English, LLP In Vigilant Insurance Co. v. Sibbio, 2012 N.Y. Misc. Lexis 4868 (N.Y. Sup. Ct. Oct. 9, 2012) , the New York Supreme Court held an insurance company has a duty to defend its policyholder for underlying allegations concerning the lead-paint...

Even if You Can't Insure the End of Days, You Can Insure Some of the Effects of Climate Change

By J. Wylie Donald, Partner, McCarter & English December 22 was to be the day the world ended. But it didn't . The spin put by some on the Mayan calendar didn't pan out and the world continued. Here in Baltimore we didn't buy into the predictions, but just in case, we went looking...