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Environmental Protection Agency (EPA) Insurance Industry

J.S. Held

Assessing Wildfire Smoke Damage & Understanding Impacts of Wildfire Smoke on Air Quality

J.S. Held on

How Southern California Wildfires Impact Air Quality, Smoke Damage, and Insurance Coverage - The Southern California wildfires in January 2025 are expected to be one of the costliest natural disasters in United States (US)...more

K&L Gates LLP

Litigation Minute: Emerging Contaminants: Minimizing and Insuring Litigation Risk

K&L Gates LLP on

What You Need to Know in a Minute or Less - As the scientific and regulatory landscape surrounding various emerging contaminants shifts, so too do the options that companies can consider taking to minimize and insure against...more

Pillsbury - Gravel2Gavel Construction & Real...

The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

It is instructive to review the Supreme Court’s record in its most recent term, concentrating on regulatory and administrative law cases, which are usually back-burner issues. But not this term....more

Pillsbury - Policyholder Pulse blog

A Shock to the System: Potential Ramifications of the Electric Energy Coal Ash Decision and Insurance Recovery

In what was likely a shock to coal-fired electric utilities, the U.S. Court of Appeals for the District of Columbia Circuit held on June 28, 2024, that proposed decisions by the U.S. Environmental Protection Agency in January...more

Rivkin Radler LLP

July 2024 New York Insurance Coverage Law Update

Rivkin Radler LLP on

Paraco Gas Corporation purchased an insurance policy for Directors, Officers and Private Company Liability (“D&O”) from Ironshore Indemnity, Inc. that covered certain acts of Paraco’s officers and directors. Paraco...more

Morgan Lewis

Electric Utilities Affected by Recent EPA Regulation May Benefit from Legacy Liability Insurance Policies

Morgan Lewis on

The US Environmental Protection Agency (EPA) on May 8, 2024 expanded the obligations of coal-fired power plants to remediate coal ash-related groundwater impacts with amendments to the federal Coal Combustion Residual (CCR)...more

Pillsbury Winthrop Shaw Pittman LLP

Baltimore’s Tragic Bridge Collapse May Lead to Coverage under Commercial Policies

Commercial property policies typically include a wide range of coverage extensions, including “contingent” coverages that apply even when the policyholder’s own property is not physically damaged. Even if you have not yet...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Treatment /PCB Contamination: South Carolina Court of Appeals Addresses Insurance Coverage Issue

The Court of Appeals of South Carolina (“Court”) addressed in a January 3rd opinion an insurance coverage issue associated with a claim related to polychlorinated biphenyls (“PCBs”) deposited by a third party into a...more

Hinshaw & Culbertson - Insights for Insurers

[White Paper] United States Insurance Trends and Decisions 2023

As 2024 rapidly approaches, we look back at some of the key decisions, trends, and developments impacting the U.S. insurance industry in 2023 and look ahead at some trends and cases to watch in 2024. Insurers continue to...more

Rivkin Radler LLP

Insurance Update - October 23, 2023

Rivkin Radler LLP on

Here’s what we discuss in our October Insurance Update. Illinois: Environmental Suits Alleging Non-Compliance with Laws and Regulations Did Not Assert an “Occurrence”- Massachusetts (federal): Insurer May Consider Sums...more

Foley & Lardner LLP

How Companies Can Audit Insurance Policies to Determine PFAS Coverage

Foley & Lardner LLP on

Companies operating in the food and beverage industry are dealing with PFAS-related issues on a daily basis. So far, twelve states have passed legislation regulating PFAS, and each of those twelve states explicitly targets...more

Hinshaw & Culbertson - Insights for Insurers

Insurers Face Large PFAS-Related Losses: A Primer on Forever Chemical Regulation, Liabilities, and Insurance Coverage Issues

Per and polyfluoroalkyl substances (PFAS) represent major exposures to insurers and their policyholders. Thousands of lawsuits are pending nationwide and several large settlements have already been reached. Insurers are...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in a June 23rd Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc. v....more

Hinshaw & Culbertson - Insights for Insurers

Key Insurance Cases and Developments – 2022 In Review

After a brief abatement due to pandemic-related litigation delays and court closures, social inflation returned with a vengeance replete with numerous nuclear jury verdicts. Although a case in any state is capable of...more

Pillsbury Winthrop Shaw Pittman LLP

North Carolina, California, Wisconsin and Illinois Sue Companies over PFAS “Forever Chemicals” Contamination

Since mid-2022, North Carolina, California, Wisconsin and Illinois each have sued primary and secondary manufacturers of PFAS and PFAS-containing products for alleged environmental damage caused by the distribution of their...more

J.S. Held

Evaluating Equipment Replacement Costs for Gas Station Losses

J.S. Held on

Gone are the days of pulling into the corner gas station and running over a faded red hose to ring a bell, which in turn alerts the station owner, whose feet are sticking out from under a vehicle in the garage, that he has a...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Overseeing the Validity of Financial Assurance Mechanisms: U.S. Environmental Protection Agency RCRA Guidance Memorandum

The United States Environmental Protection Agency (“EPA”) issued a June 17th Resource Conservation and Recovery Act (“RCRA”) guidance memorandum (“Memo”) titled: Overseeing the Validity of Financial Assurance Mechanisms...more

Hinshaw & Culbertson - Insights for Insurers

West Virginia v. EPA: Insurers Should Consider How Big of a Bite the U.S. Supreme Court Took Out of the "E" in ESG

We have written extensively about environmental, social, and governance ("ESG") otherwise known as sustainability, and its impact on insurers and their policyholders. We have pointed out how ESG has impacted insurers qua...more

Hinshaw & Culbertson - Insights for Insurers

DOJ and EPA Announce Comprehensive Strategy to Hand Out Environmental Justice Nationwide

The grip of the "all of government" approach to sustainability continues to tighten. Via a May 5, 2022 memorandum from the Associate Attorney General of the United States, the Department of Justice (DOJ) and the U.S....more

Pillsbury - Policyholder Pulse blog

EPA Announces Increased Efforts to Require Cleanup of Coal Ash – Insurance Should Be a Component of Companies’ Response

Early in 2021, we wrote about potential insurance implications that could arise from the then-new Biden Administration’s expected regulatory priorities. Among other things, we noted that heightened scrutiny on coal ash was...more

Rivkin Radler LLP

Insurance Update - January 2022

Rivkin Radler LLP on

Cases discussed in our January Insurance Update answer these questions: •A commercial crime policy covers property that the insured “holds for others.” In the context of a phishing scheme, does “hold” mean the insured...more

Pillsbury - Policyholder Pulse blog

An Update on Recent PFAS Regulation and Enforcement and the Resulting Insurance Implications

In August, we provided an overview of the recent increase in regulatory and private litigation activity around per- and polyfluoroalkyl substances (PFAS), colloquially known as “forever chemicals,” and potential insurance...more

Pillsbury - Policyholder Pulse blog

PFAS Enforcement and Liability Is on the Rise—Insurance Can Help

A key component of a company’s risk management function is to keep a close eye on new and developing sources of liability and to put in place appropriate insurance to respond in the event those liabilities ripen. In recent...more

Lowenstein Sandler LLP

Protecting Against Environmental Risks

The Biden administration has made it clear that they plan to vigorously enforce federal environmental laws using the full power of the EPA and Department of Justice. In this episode, Howard Tollin, President – Environmental &...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Pioneer Metals Finishing Superfund Site: California Insurance Commissioner (As Liquidator of Western Employers Insurance Company)...

The United States Department of Justice (“DOJ”) announced in a February 1st Federal Register Notice a Settlement Agreement (“Settlement Agreement”) involving the Comprehensive Environmental Response, Compensation, and...more

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