Environmental Insurance – New Appleman on Insurance Law Library Edition, Chapter 27

By Robyn L. Anderson, Kimberly K. Winter, Jessica E. Merrigan, and Carly D. Duvall, Lathrop & Gage LLP With climate change, weather-related catastrophes, energy shortfalls, and a historically large oil spill in the Gulf of Mexico, it is no surprise that businesses and individuals are rapidly...

Reaction to the Recent Climate Change Insurance Coverage Decision by the Virginia Supreme Court

By John G. Nevius, Esq., P.E. The September 16 decision in Virginia allowing a subsidiary of Zurich to avoid its duty to defend a climate-change related claim is ironic. On the one hand, anthropogenic links to climate change are the subject of considerable political debate. As I understand it, however...

Application of Exclusion to Drywall Claim Does Not Render Coverage Illusory

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP The United States District Court for the Southern District of Florida has held on several occasions that the pollution exclusion applies to Chinese drywall claims. See, e.g., CDC Builders, Inc. v. Amerisure Mut. Ins. Co., 2011...

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District Court for the Eastern District of Pennsylvania...