LexisNexis® Legal Newsroom
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...

Do Pollution Exclusion Clauses Work in Canada?

By Dianne Saxe, Ontario Environmental Lawyer Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of...

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...

Supreme Court of Virginia Once Again Holds That Climate Change Lawsuit Did Not Trigger Duty to Defend by Insurer

RICHMOND, Va. - (Mealey's) An underlying complaint alleges that damages were the "natural and probable consequence" of an insured's intentional actions, the Virginia Supreme Court said April 20, upholding its finding that a commercial general liability insurer has no duty to defend...

Second Circuit Holds No Duty to Defend Intellectual Property Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012) , the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion to...

CGL Carrier’s Duty To Defend Was Triggered Where Non-Professional Work Was Alleged and, Therefore, the Professional Services Exclusion Did Not Apply to Remove All Possibility of Coverage

North Counties Engineering, Inc. v. State Farm General Ins. Co. , 224 Cal. App. 4th 902 (2014), [ enhanced version available to lexis.com subscribers ]. In North Counties Engineering , the California Court of Appeal held that an insurer’s duty to defend its insured under a comprehensive business...

Newly-Published Regional Steel Case Raises More Questions Than It Answers

California’s Second Appellate District has affirmed a summary ruling that a Commercial General Liability insurer did not have a duty to defend a subcontractor who supplied faulty “seismic tie hooks” that were encased in concrete shear walls. The case is Regional Steel Corporation v...

"Non-Trivial Probability" of Excess Judgment Obligates Insurer to Pay for Independent Defense Counsel

The court in Perma-Pipe, Inc. v. Liberty Surplus Insurance Corporation , Case No. 13 C 2989, 2014 U.S. Dist. LEXIS 54867 (N.D. Ill. April 21, 2014), [ enhanced version available to lexis.com subscribers ], held that a CGL insurer breached its duty to defend by refusing to pay for independent defense...

West Virginia Supreme Court Finds No Duty to Defend or Indemnify under CGL Policy for Contractor’s Work

In yet another decision arising from the construction of a home, the West Virginia Supreme Court of Appeals (“WVSCA”) in SER Nationwide v. Wilson , No. 15-0424, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], (W.Va. October 7, 2015) examined coverage...