LexisNexis® Legal Newsroom
Vermont Joins Other Northeastern States, Adopts “Time on the Risk” Approach in Long-Tail Cases

Even as briefing has begun before the Massachusetts Supreme Judicial Court with respect to the issue of allocation, Vermont has joined the growing number of Northeastern states adopting a “time on the risk” approach in long-tail cases. In its first comprehensive assay into the murky world...

Max H. Stern and Jessica E. La Londe of Duane Morris LLP on “Keep it Cool: Potential Coverage Defenses to ‘Global Warming’ Lawsuits”

In their article Keep it Cool: Potential Coverage Defenses to “Global Warming” Lawsuits , appearing in the July/August 2009 issue of Coverage , Max H. Stern and Jessica E. La Londe discuss several potential coverage defenses to global warming liability claims. Specifically these are claims...

Shoot Out at the Otay Corral

Shooting ranges may pose hazards to humans or the environment from lead in discharged munitions. A recent U.S. Court of Appeals for the Ninth Circuit opinion, however, dismissed a property owner’s claims seeking lead-related clean-up costs as unripe. Current property owners in Otay Land Company...

Michael Aylward on Allocating Indemnity Obligations in Long-Tail Environmental Claims: Boston Gas and the "Unavailability" Debate

In Boston Gas v. Century Indemnity , the Massachusetts Supreme Judicial Court recently ruled that long-tail claims should be allocated on a pure “time on the risk” basis without regard to whether insurance was “unavailable” to the policyholder for part or all of the time during...

Jenner & Block: 2009 Climate Change Year in Review: Building Foundations for Change or Just Castles in the Sand?

In this Emerging Issues commentary, Gabrielle Sigel and Jennifer L. Cassel of Jenner & Block discuss climate change developments in the year 2009. This recap includes regulatory, legislative, litigation and international developments. Some highlights include the EPA's proposed regulation of GHG...

Insurance and the Gulf of Mexico Oil Spill

By Michael Kotula , Partner, Rivkin Radler, LLP. The explosion on the Deepwater Horizon platform and rupture of an oil well in the Gulf of Mexico, and the ensuing oil spill, is likely to result in significant liability exposures for a number of companies. Here is what is currently known about the...

Insurance Coverage Issues for Third-Party Businesses and Municipalities with Losses Due to the Oil Rig Explosion in the Gulf of Mexico

By Selena Linde, Partner, Perkins Coie LLP An explosion at the Deepwater Horizon drilling platform in the Gulf of Mexico on April 20, 2010 left eleven workers dead. Each day since the explosion occurred, approximately 210,000 gallons of oil have spilled into the Gulf of Mexico. The oil already...

Charles H. Mullin, Karl N. Snow, and Noah B. Wallace on “Proper Settlement Credits in All Sums Jurisdictions”

By Charles H. Mullin, Karl N. Snow, and Noah B. Wallace, Principals, Bates White, LLC In their article appearing in the May/June 2010 issue of Coverage, “Proper Settlement Credits in All Sums Jurisdictions,” Charles H. Mullin, Karl N. Snow and Noah B. Wallace explore the question of...

McCarter and English LLP on Insurance Coverage for Damages Arising from the Gulf Oil Spill

By Brian J. Osias and David C. Kane, Attorneys, McCarter & English, LLP The recent oil spill in the Gulf of Mexico has become arguably the worst in United States history. Spewing up to 30,000 barrels a day, it has surpassed even the Exxon Valdez disaster. Third parties will invariably suffer...

Emerging Legal and Insurance Issues from the Gulf Oil Spill

By John L. Watkins, Shareholder, Chorey, Taylor & Feil Last week, courtesy of my friends at LEXIS, I attended the HB Litigation Conference in Atlanta on litigation and insurance coverage issues arising from the BP oil spill disaster in the Gulf of Mexico. The presenters included extremely well...

Perkins Coie On All-Sums-With-Stacking Allocation Boosts Insurance Recovery Under “One Giant ‘Uber Policy’”

By Lara D. Cassidy, Koorosh Talieh, and Thomas McMahon, Attorneys, Perkins Coie The California Supreme Court's recent "all-sums-with-stacking" allocation ruling in California v. Continental Insurance Co., No. S170560, 2012 Cal. LEXIS 7324 (Cal. Aug. 9, 2012) (" California "...