10 results for 'cat:"Environment" AND cat:"Insurance"'.
J. Higginson finds the district court improperly ruled against the insurer in this declaratory judgment action, in which it seeks to invalidate certain indemnification and additional insured provisions for fire-suppression and electrical work in its policies with salt mining companies. The insurer says the Louisiana Oilfield Indemnity Act applies because the mine uses a drill-and-blast method, yet the court found that because no well is involved the Act does not apply. However, the Act does not contain a universal well requirement. The court must decide whether the contracts pertain to drilling for minerals. Reversed.
Court: 5th Circuit, Judge: Higginson , Filed On: March 18, 2024, Case #: 23-30076, Categories: Energy, environment, insurance
J. Graves finds the district court properly granted summary judgment to the insurer. The company that converts used cooking oil and vegetable by-products into animal feed ingredients was sued by the city for dumping corrosive, low-pH wastewater into the sewer system. A pollution exclusion designed to discourage wasteful activity states the insurer "will not be liable for loss for any claim based upon or arising out of the...discharge, dispersal, seepage, migration, release or escape of any [p]ollutant.” The facts as pleaded do not trigger the insurer's duty to defend. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: March 18, 2024, Case #: 23-60087, Categories: environment, insurance
J. Otake certifies questions to the Hawaii Supreme Court clarifying if the insurance companies have a duty to defend the gas company against underlying suits accusing the gas company of exacerbating climate change effects in Hawaii and failing to warn residents about greenhouse gases. There is no precedent on if an insurance policy should include recklessness as a coverable accident, and if greenhouse gases are considered pollutants excluded from the policy.
Court: USDC Hawaii, Judge: Otake, Filed On: September 5, 2023, Case #: 1:22cv372, NOS: Insurance - Contract, Categories: environment, insurance
J. Reyes finds that the lower court properly found for Trump Tower's insurers and granted their motions for judgments finding they owed the Chicago hotel no duty to defend it in a lawsuit over the improper operation of a cooling water intake structure. Coverage is barred by the policies' pollution exclusion provisions. Affirmed.
Court: Illinois Appellate Court, Judge: Reyes, Filed On: August 30, 2023, Case #: 221625, Categories: environment, insurance, Contract
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J. Hernandez grants the Illinois insurance company's supplemental motion for summary judgment regarding its claim that the California insurance company must contribute 74.6% of defense costs for McKay Investments Company's liability policy regarding a 2009 faced enforcement action, which is related to pollution from a former dry cleaner at a property McKay owned. The California insurance company's argument that the Illinois insurance company is not entitled to equitable contribution because the cost-sharing agreement covers rights and obligations for past payments is invalid, because both parties agreed that this settlement agreement was interim and could be renegotiated.
Court: USDC Oregon, Judge: Hernandez, Filed On: July 3, 2023, Case #: 3:21cv266, NOS: Insurance - Contract, Categories: environment, insurance, Settlements