Between the Lines

A Discussion of Case Law and Statutory Law Affecting Commercial Lines of Insurance

Archive for Environmental and Toxic Torts Category

Posted In: Environmental and Toxic Torts, Uncategorized

Appeals Court Untangles Dispute Over Insurance for Home Heating Oil Spill

Decision Addresses Nature and Purpose of Collateral Source Rule. Happily, in this case there was plenty of insurance coverage for the remediation of a home heating oil spill.  But it…

Read More »

Posted In: Environmental and Toxic Torts

Does New York’s Viking Pump Decision Help Massachusetts Policyholders Argue for Expanded Insurance Coverage for Some Long-Tail Environmental Liabilities?

The New York Court of Appeals’ recent Viking Pump opinion may help policyholders who seek to argue that — notwithstanding the Massachusetts Supreme Judicial Court’s application of pro rata allocation…

Read More »

Posted In: Environmental and Toxic Torts

UPDATED – Vermont Supreme Court Rejects Argument that Pollution Exclusion Applies Only to Traditional Environmental Contamination

Updated: See below for a summary of the split on this issue in New England states. For the Second Time This Year, Vermont Court Holds That an Absolute Pollution Exclusion Is Not Ambiguous…

Read More »

Posted In: Environmental and Toxic Torts

Time-on-the-Risk Allocation Does Not Apply to Defense Costs, Says First Circuit

In a victory for policyholders, the First Circuit has rejected an insurer’s argument that defense costs should be allocated pro rata when claims involve multiple years of continuing or progressive…

Read More »

Posted In: Environmental and Toxic Torts

Cat Urine Smell May Be a “Physical Loss,” Says NH, But Cat Urine Is Not a “Pollutant”

Sends Case Back for Determination Whether Cat Urine Odor Made a Distinct And Demonstrable Change to the Insured Property. The New Hampshire Supreme Court recently answered two environmental coverage questions. First, can…

Read More »

Posted In: Environmental and Toxic Torts

Pollution Insurance Coverage: What Did the Insured Know and When Did It Know It?

A new Appeals Court decision (litigated on behalf of the insureds by Anderson & Kreiger) has restored the usefulness of pollution legal liability (PLL) policies, overturning a Superior Court decision…

Read More »

Posted In: Environmental and Toxic Torts

Massachusetts Will Require Joint and Several Allocation for Defense Costs on Long-Tail Claims, NY Federal District Court Predicts

Narragansett Electric Decision Breaks a Tie Between Massachusetts District Court Decisions The Boston Gas Defense Cost Allocation Split Boston Gas Co. v. Century Indem. Co., 454 Mass. 337, 352 (2009)…

Read More »

Posted In: Environmental and Toxic Torts

Everybody Complains About the Weather, but Whose Fault Is It?

Earlier this week I attended a Boston Bar Association presentation on climate change and insurance.  The speaker was Lindene Patton, Chief Climate Product Officer at Zurich Insurance Group.  It should…

Read More »

Posted In: Environmental and Toxic Torts

Pollution Coverage May Be Elusive, Even Under a Pollution Liability Policy

If you are buying insurance for a formerly polluted site, be careful – you may not be buying as much protection as you thought. A recent Superior Court decision has…

Read More »

Posted In: Environmental and Toxic Torts

Wading into a Maelstrom: Defense Allocation for Long-Tail Claims Under Boston Gas?

And If Insureds Share Costs, Who Controls Defense and Settlement?  For the most part, appellate courts addressing insurance allocation for claims of progressive injury under Massachusetts law have taken a…

Read More »

Find an Attorney