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Insurance Industry › Remediation

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

Ward and Smith, P.A.

The Aftermath: Recovering From a Hurricane - Update

Ward and Smith, P.A. on

Hope for the best and prepare for the worst—that's the best advice to protect yourself from hurricanes.  Despite our best efforts, there's no telling what these storms will bring when they blow through town....more

Farella Braun + Martel LLP

3 Lessons For Calif. Insureds From Late-Notice Rule Decision

Farella Braun + Martel LLP on

In Pitzer College v. Indian Harbor Insurance Company, the California Supreme Court resolved two previously open questions in insurance law: (1) it concluded that the notice-prejudice rule is a fundamental public policy of...more

Cozen O'Connor

California High Court Holds That Notice-Prejudice Rule May Override Choice of Law Clause

Cozen O'Connor on

Although California courts generally enforce an insurance policy’s choice of law provision, a long-recognized exception is when the other state’s law conflicts with California’s fundamental public policy. See, e.g. Nedlloyd...more

Blank Rome LLP

Appellate Division Finds Coverage for EPA Claim through Company’s Historic Mergers and Acquisitions, Even Though the Bill of Sale...

Blank Rome LLP on

Earlier this month, the New Jersey Appellate Division upheld a decision allowing Cooper Industries LLC (“Cooper”) access to insurance policies received through a series of mergers and acquisitions (“M&As”), even though the...more

Pillsbury - Gravel2Gavel Construction & Real...

Tenth Circuit Upholds Owner-Property Exclusion In Connection With Cleanup Efforts

Pillsbury - Gravel2Gavel Construction & Real... on

On August 25, the U.S. Court of Appeals for the Tenth Circuit, in an unpublished opinion, affirmed the lower court’s ruling that the cost to remediate environmental contamination at a ski resort was subject to a contractual...more

Carlton Fields

Court Compels Discovery, Awards Sanctions In Dispute Over Whether Reinsurance Arbitration Clause Applies

Carlton Fields on

In 2011, Top’s Personnel entered into a reinsurance agreement with Applied Underwriters Captive Risk Assurance Company (“AUCRA”), and several years later executed a promissory note (“the Note”) in favor of a related entity,...more

Haight Brown & Bonesteel LLP

Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site...

Haight Brown & Bonesteel LLP on

In State of California v. Continental Ins. Co. (No. E064518; filed 9/29/17), a California appeals court ruled that after Continental was ultimately held to pay its policy limits for remediation of the Stringfellow hazardous...more

Zelle LLP

Public Adjusters Do Not Have Free Pass To The Stand

Zelle LLP on

In Falcon v. State Farm Lloyds, the Western District of Texas reminded litigants that licensed public adjusters are not immune from expert witness qualification requirements. Namely, a public adjuster’s license does not...more

Saul Ewing LLP

Bad Faith Sentinel - July 2013

Saul Ewing LLP on

CONTENTS - Northern District of Texas: No Bad Faith for Denying Property Damage Claim Due to Insured’s Failure to Allow Insurer More Than a Day’s Time for Inspection Prior to Insured’s Remediation - District of...more

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