ISSN:1040-6026    

DOI:10.1080/10406029909383919

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

This article discusses the past history and possible future trends of London Market settlements of U.S. environmental pollution claims. I have been involved in this area for a number of years, mostly on behalf of insolvent London Market insurance companies. This close yet independent involvement with the Market may provide a somewhat different perspective from that usually heard from either the Market or their insureds.

ISSN:1040-6026    

DOI:10.1080/10406029909383920

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

Primary comprehensive general liability (CGL) insurance companies typically argue that their broad promise to defend any suit does not encompass their policyholders’ costs in defending state and federal proceedings brought to compel environmental cleanup. Similarly, CGL insurance companies typically argue that their broad promise to indemnify all sums their policyholders become legally obligated to pay as damages excludes costs to implement environmental remediation under compulsion of government authority and, in fact, is limited to costs imposed by a money judgment in a court of law. Such cramped readings ofsuitanddamagesconflict not only with the intent of the drafters of the CGL insurance policy, but with the nature and purpose of liability insurance policies generally—to protect policyholders from liabilities to third parties, including the government. Nonetheless, insurance companies are sometimes successful in dodging their obligations through pinched constructions ofsuitanddamagesoften before courts sympathetic to the insurance industry's puling that it is being bled white by environmental claims. As shown in this article, resort to such constricted construction in a misguided effort to protect the insurance industry is pointless: Even if primary CGL insurance companies are successful in avoiding responsibility for defense and indemnity costs under the putative suit or damages exclusions, such costs are fully recoverable under the incredibly broad promises in typical umbrella and excess general liability (GL) insurance policies.

ISSN:1040-6026    

DOI:10.1080/10406029909383921

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

Injury claims in lead‐paint litigation invariably involve allegations of cognitive, intellectual, and social impairments, which can be difficult to quantify. They are frequently subjective, and involve a constellation of claimed disabilities that may well have genetic or socio‐economic origins. Assessing these claims can be enhanced by creating a context in which to examine and view them, namely the family unit. To that end, there is the need to acquire sibling academic records, medical and developmental histories of all children, and, on occasion, to seek IQ testing of the parents. New York has explored these issues, and there is a developing body of case law to support the defendant's request for this kind of information. This article reviews the development of these cases.

ISSN:1040-6026    

DOI:10.1080/10406029909383922

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

InAerojet‐General Corp. v. Transport Indemnity Co.,17 Cal. 4th 38 (1997) (hereinafterAerojet),the California Supreme Court confirmed that the costs of conducting environmental investigation activities designed to avoid or at least minimize liability may be covered as defense costs under comprehensive general liability (CGL) policies and set forth certain basic parameters for insureds’ recovery of environmental investigation costs. Although the pronouncement that investigation costs “may be”; defense costs answered certain questions, the “may be”; aspects of that ruling raised additional questions, which this article seeks to answer.

ISSN:1040-6026    

DOI:10.1080/10406029909383923

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

Environmental project management has undergone significant changes in the last ten years. In the mid‐ and late 1980s, regulatory drivers and environmental‐advocacy groups led industry to expend vast sums of money in an attempt to return environmentally impaired property to pristine condition. This sometimes blind approach often left industrial clients with large expenses to general and administrative costs, with minimal reduction in their environmental liability. Today, matured environmental professionals are focusing scarce environmental resources on liability reduction through creative project financing. One approach, which focuses on the petroleum underground storage tank (UST) market, involves scheduling project activities according to insurance‐claim reimbursement cycles.

ISSN:1040-6026    

DOI:10.1080/10406029909383924

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

ISSN:1040-6026    

DOI:10.1080/10406029909383925

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

This column summarizes three recent developments in the environmental regulatory arena. First, revisions to the Risk Management Program Rule address confidential business information, classification of regulated processes, and additional mandatory and optional data elements. Second, the Persistent, Bioaccumulative, and Toxic (PBT) Chemicals Proposed Rule looks at lowering the reporting thresholds of certain PBTs and adding other PBT chemicals to the Emergency Planning and Community Right to Know Act (EPCRA) Toxic Release Inventory (TRI) reporting requirements. Finally, the Environmental Protection Agency's (EPA's) Common Sense Initiative (CSI) charter expired in February 1999 and its impact represents a core move toward common sense at all levels of the regulatory process.

ISSN:1040-6026    

DOI:10.1080/10406029909383926

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

Part I of this article,Envtl. Claims Journal,Vol. 11, No. T (Autumn 1998), examined the development of two significant environmental regulations at the European level, known as theSeveso Decrees.Arising in response to the 19 76 catastrophic release of toxic substances in Seveso, Italy, these directives attempted to eliminate the risk of futuresuch disasters. However, implementation of Seveso I in Italy, as in most Member States, proved largely unsuccessful. By February 3, 1999, the date of repeal of Seveso I, Seveso II had to be transposed into national law and applied by the Member States. The ultimate success of Seveso II in curbing the risk of catastrophic releases turns on the ability of Member States to harmonize the EU Directive with existing legislation. Part II of this article explores the obstacles inherent in this process in Italy by analyzing current efforts to reconcile international and national regulations for the discharge of waste streams. Italy's experience in this regard may offer a glimpse into the future of Seveso II and its ability to achieve its goals.

ISSN:1040-6026    

DOI:10.1080/10406029909383927

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor

摘要:

John Grisham,The Testament.(New York: Doubleday), 435 pp. $27.95.

ISSN:1040-6026    

DOI:10.1080/10406029909383928

出版商:Taylor & Francis Group    

年代:1999

数据来源: Taylor