PropertyCasualty360 (A National Underwriter website)
– June 2011
Insurance partner
J. Robert Renner of Duane Morris'
Los Angeles office analyzes the recent Supreme Court decision
American Electric Power Co. v Connecticut, which addressed whether
states can seek to curtail greenhouse gas emissions from utilities
across state borders using federal common-law theories of
interstate nuisance. Renner outlines the court's major findings
and examines what they could mean for the future of climate-change
tort litigation. Specifically, he cautions that, contrary to many
post-ruling analyses, the case does not mark the end of such
disputes.
This article is for general information and does not include
full legal analysis of the matters presented. It should not be
construed or relied upon as legal advice or legal opinion on any
specific facts or circumstances. The description of the results of
any specific case or transaction contained herein does not mean or
suggest that similar results can or could be obtained in any other
matter. Each legal matter should be considered to be unique and
subject to varying results. The invitation to contact the authors
or attorneys in our firm is not a solicitation to provide
professional services and should not be construed as a statement as
to any availability to perform legal services in any jurisdiction
in which such attorney is not permitted to practice.
Duane Morris LLP, a full-service law firm with more than 700
attorneys in 24 offices in the United States and internationally,
offers innovative solutions to the legal and business challenges
presented by today's evolving global markets. Duane Morris LLP,
a full-service law firm with more than 700 attorneys in 24 offices
in the United States and internationally, offers innovative
solutions to the legal and business challenges presented by
today's evolving global markets. The
Duane Morris Institute provides training workshops for HR
professionals, in-house counsel, benefits administrators and senior
managers.
Specific Questions relating to this article should be addressed directly to the author.
The Patient Protection and Affordable Care Act has gone from a distant deadline to an imminent reality, with the controversial "play or pay" provisions scheduled to take effect on January 1, 2014.
A commentary on a recent decision in the case of Engineering & Construction Innovations, Inc., v. L. H. Bolduc Co., interpreting a subcontractor's agreement to indemnify a contractor, the subcontractor's contractual obligation to procure insurance to cover that indemnity agreement and the impact of the Minnesota anti-indemnification statute on such contract provisions.
Earlier this month, the 7th Circuit affirmed a district court order that held an insurer properly denied coverage to the insured law firm based on its failure to comply with the reporting requirements under its claims-made professional liability policy.
Less than two weeks apart, two appellate courts issued opinions analyzing whether faulty work claims are covered under commercial general liability policies, each reaching a different result.
Data security never gets easier. The
current trajectory of technological innovation creates an ever-more
challenging security environment, and the cloud computing
revolution is no different.
Like many companies who made products containing asbestos, Kaiser Cement and Gypsum Corporation has over the past several decades defended thousands of asbestos bodily injury claims brought by construction workers who allege they were exposed and suffered bodily injury resulting from exposure to Kaiser Cement’s asbestos containing products.
As reported in our November 2012 Client Alert entitled Latest Regulatory Developments Concerning Unclaimed Life Insurance Benefits, a few states have passed new laws governing claims investigation practices to address the issue of unclaimed life insurance benefits.
Many jurisdictions have announced that they plan to more actively pursue natural resource damages from potentially responsible parties deemed liable under CERCLA or Superfund.
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