Paul C. Steck, Author at The Insurance & Reinsurance Report

December 21, 2012 Environmental

Second Circuit Finds Coverage For Environmental Claims Based on Continuing Damage Provision in Excess Policies

Olin Corporation v. American Home Assurance Co.
(2^nd Cir, December 19, 2012)

This environmental coverage dispute arises out of ground water contamination claims involving Olin’s Morgan Hill, California site, which had used the chemical potassium perchlorate in the manufacturing of signal flares beginning in 1956. Olin appealed from the district court granting summary judgment to the insurers on the ground that the attachment point for the excess insurance policies could not be reached by the alleged environmental damage at the site. Specifically at issue …

December 13, 2012 Environmental

New York Appellate Division Affirms Summary Judgment On Coverage For Manufacturer In Asbestos Suit Where Insurer Failed To Prove Expected Injury Exclusion In Policy

Union Carbide Corp. v. Affiliated FM Ins. Co.
(Supreme Court, Appellate Division, First Department, December 6, 2012)

This environmental coverage dispute arises out of an underlying asbestos claim. The trial court granted Union Carbide
partial summary judgment striking the insurer’s defense that there was no coverage for the claims because the manufacturer expected or intended the bodily injury that resulted from exposure to its asbestos products.

The insurer asserted that Union Carbide intended the damages because it knew that asbestos would cause injuries and that …

June 18, 2012 Uncategorized

Policy’s Pollution Exclusion Applicable To Preclude Heating Oil Contamination Claims Where Contamination Occurred After Fuel ‘Delivered’

Spartan Oil Company v. New Jersey Property-Liability Insurance Guaranty Association Superior Court of New Jersey, Appellate Division, June 8, 2012)

In this coverage dispute, the policyholder appealed an adverse summary judgment ruling dismissing its claims arising from an environmental contamination suit. Spartan was in the heating oil distribution business during the applicable coverage period when heating oil from its vehicles was pumped into an external intake pipe located on the outside of its commercial customer. The fuel traveled through an internal feed line to an …

June 1, 2012 Uncategorized

Triable Issues Of Fact Existed Regarding Policyholder’s Detrimental Reliance On Certificate Of Flood Insurance

Witkowski v. Richard W. Endlar Ins. Agency, Inc.
(Massachusetts Court of Appeals, May 29, 2012)

In this coverage dispute, the policyholder appealed an adverse summary judgment ruling dismissing its claims arising from a flood of the Shawsheen River that destroyed multiple basement residential condominium units. After the flood, a trustee of the condominium association told the four basement unit owners that their units were excluded from coverage under the association’s master policy. Also, applicable building codes prohibited units at basement level in a special flood …