Nanotechnology, the science and business of manufacturing on a very small scale, is continuing to grow despite global economic downturns. In fact, some estimate that over 20,000 companies and institutions from 48 countries are involved in some aspect of nanotechnology – – e.g., research, manufacturing or application. Coincident with this growth is a rising awareness [...]
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insurance coverage,
nanotechnology
The scope of damages and potential covered claims from the BP Deepwater Horizon Oil Spill reaches much further than the gulf area. Companies around the world have been affected by the spill; many may not even know it yet, but their claims losses and liability may yet come to pass. For example, restaurant and seafood [...]
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BP Deepwater Horizon,
Gulf Coast oil spill,
insurance coverage
In the Southern District of Indiana case, Bernstein v. Bankert, No. 1:08-cv-0427, 2010 US Dist. LEXIS 24329 (Mar. 16, 2010), the Court declined to grant summary judgment to Auto-Owners Mutual Insurance Company (“Auto-Owners”), when Auto-Owners argued the underlying environmental claims against the policyholder were barred by the Indiana Code’s statute of limitation and/or res judicata.
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CERCLA,
duty to indemnify,
Environmental,
insurance coverage,
pollution exclusion
The court in Fulton Boiler Works, Inc. v. American Motorists Ins. Co., 5:06-CV-1117, 2010 U.S. Dist. LEXIS 28756 (N.D.N.Y March 25, 2010), held that two CGL insurers were obligated to pay for the entire cost of defending thousands of underlying asbestos bodily injury claims, without any contribution from their mutual insured, because they could not [...]
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allocation,
asbestos,
duty to advance defense costs,
Duty to defend,
long-tail,
New York Insurance Law,
potential for coverage,
potentiality standard,
pro rata
In a groundbreaking ruling issued on October 14, 2009, a Delaware state court in Viking Pump, Inc. v. Century Indemnity Co. granted summary judgment in favor of two independent pump manufacturers facing potential liability for personal injury claims based on asbestos exposure dating back to before the two independent businesses were divested by a predecessor company. In the [...]
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anti-assignment,
asbestos,
personal injury
The well-known “potential for coverage” standard applied by most courts to determine whether a CGL insurer must defend a claim against its insured turns on whether the allegations in an underlying complaint support the potential for covered liability, regardless of the actual facts proven at trial. The court in Whittaker Corp. v. American Nuclear Insurers, [...]
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CERCLA,
pollution exclusion,
potential for coverage,
potentiality standard
In what appears to be one of the first insurance coverage lawsuits involving the biofuel industry, Penn Millers Insurance Company has sued Northeast Nebraska Biodiesel LLC (which owns and operates a biodiesel facility and a soybean processing facility in Dodge County, Nebraska), claiming that it should not have to pay for methanol contaminated shipments of [...]
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biofuel,
pollution exclusion
