Tag Archives: Environmental

Second Circuit Applies All Sums in Olin-OneBeacon Environmental Coverage Dispute Regarding Remediation Costs at Manufacturing Sites

Last week, the Second Circuit remanded environmental coverage litigation between Olin Corporation and OneBeacon based on its conclusions that (1) all sums allocation applied and (2) a prior insurance provision allowed OneBeacon the opportunity to show that prior excess insurers had made payments for the same claims, thereby reducing OneBeacon’s liability for Olin’s remediation costs … Continue Reading

“Scanty” Evidence, Big Implications For Court’s Denial Of Insurer’s Summary Judgment Motion

Last Thursday, a federal district judge in New Jersey denied, in part, Travelers Indemnity Company’s (Travelers) motion for summary judgment on claims for indemnity costs because the plaintiff, E.M. Sergeant Pulp & Chemical Company (EMS), provided sufficient evidence to raise triable questions of fact. Although the evidence was just “barely sufficient” to keep the case … Continue Reading

Georgia Court Declines to Adopt Continuous Trigger Theory in Pipeline Contamination Case

The Court of Appeals of Georgia recently found an excess insurer liable for environmental costs related to a leak in an insured’s pipeline.  In doing so, the court rejected the insurer’s argument that liability for the costs should be spread among policies issued by other insurers spanning nearly three decades.  The opinion is available here.… Continue Reading
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