3 edition of Insurer liability for cleanup costs of hazardous waste sites found in the catalog.
Insurer liability for cleanup costs of hazardous waste sites
United States. Congress. House. Committee on Banking, Finance, and Urban Affairs. Subcommittee on Policy Research and Insurance.
1991 by U.S. G.P.O., For sale by the Supt. of Docs., Congressional Sales Office, U.S. G.P.O. in Washington .
Written in English
|LC Classifications||KF27 .B575 1990i|
|The Physical Object|
|Pagination||iv, 305 p. :|
|Number of Pages||305|
|LC Control Number||91600229|
A legally based allocation methodology and a state adjustment factor, selected on legal choice of law principles, are applied to the relationship data. Awards in excess of current balance of fund; payment on pro rata basis; priorities Section Such litigation is often complex and difficult to settle. We thus affirm the district court. In holding that the tolling provision applied, the court relied, in part, on the rule that "[a] person whose negligence causes injury that a physician's malpractice aggravates may seek equitable indemnity from the physician," and "[t]he equitable indemnity cause of action does not accrue until the person pays the injured third party's claim.
There are no allegations that any other environmental response actions occurred. While a court would not ordinarily examine a law dictionary, as the majority does, to determine what an objectively reasonable policyholder would have understood the policy to mean, the legal definition of "suit" is similar to Webster's. Dep't of Treasury, U. Construing either the EPA's PRP letter or the DNR letters as the "functional equivalent of a suit" would be contrary to present Wisconsin insurance law since a the insurer would have to look beyond the four corners of the complaint in order to assess whether a potentially covered claim exists, and b the insurer would be put in the position of anticipating a coverage expectation for which it did not contract or receive payment. Chubb is mistaken.
Nat'l Austl. United States, 58 F. Bank of N. Continental Insurance Cos. Such a result would create a duty for the insurer for which it had not contracted. Robert C.
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Finally, under sec. Immunity from liability for certain discharges Section Substitution Section Edgerton, Wis. Hearthside Residential Corp.
Team Enters. The insurer has to defend suits against the insured requesting recovery for sums that the insured may become legally obligated to pay as damages. Code Civ. But as a preliminary matter, Congress did not contemplate that insurance money would be the catalyst for cleanups.
Emphasis added. Goodman arguedD. This scheme facilitates the business of insurance companies, rather than ensuring that responsible parties pay for environmental cleanups. Reiswig, 21 Cal.
Some have been reclaimed, some not. The loss or damage must be caused by or result from a Covered Cause of Loss.
The IRS noted that capitalization of such costs is deemed appropriate when there is a documented remediation plan, since having such a plan in place suggests the activities undertaken are more than incidental repairs.
Although the majority opinion concludes that the insurance company has no obligation at this stage of the administrative proceedings, it nevertheless goes on to hold that response costs do not constitute damages under the policy.
The district court further dismissed Chubb's section c claim because Chubb did not allege that Taube-Koret was a "claimant. In this form, then, the exclusions define the coverage.
The properties are part of the Grants Mining District Superfund site, an area of legacy contamination associated with uranium mining operations. This type of relief is distinct from that which is substitutionary monetary compensation provided to Insurer liability for cleanup costs of hazardous waste sites book up for a claimed loss.
Violations, penalties Section Marois, A. More specifically, the parties' dispute centered on what "other person[s]" may sue under section a 4 B.
Iqbal, U. For a small firm, involvement in even one site can pose an enormous distraction to a business-owner or president. Moreover, because words necessarily derive meaning from their context, "[i]nterpretation of a word or phrase depends upon reading the whole statutory text, considering the purpose and context of the statute, and consulting any precedents or authorities that inform the analysis.The hazardous waste site cleanup program provided for in the Federal Superfund Act.
"Fund." The Hazardous Sites Cleanup Fund established by section "Groundwater." Water occurring in a saturated zone or stratum or percolating beneath the surface of land. This subsection does not preclude liability for costs or damages as the result of.
In addition to the possible nonfortuitous occurrence of pollution losses, the potential damages are catastrophic. Cost estimates to clean hazardous waste sites in the United States run into the hundreds of billions of dollars, as discussed in Chapter 12 "The Liability Risk Management".
Similarly, war-related injuries (exclusion i) are likely to. A federal law enacted in to initiate cleanup of the nation’s abandoned hazardous waste dump sites and to respond to accidents that release hazardous substances into the environment.
The law is officially called the Comprehensive Environmental Response, Compensation, and Liability Act. SURETY BOND.A federal law enacted in to initiate cleanup pdf the nation’s abandoned hazardous waste dump sites and to respond to accidents that release hazardous substances into the environment.
The law is officially called the Comprehensive Environmental Response, Compensation, and Liability Act. SURETY BOND.Chubb Custom Insurance Company v. Space Systems/Loral, Inc. Insurer lacked standing to assert subrogation claims under CERCLA statute for recovery of cleanup cost payments to .Jun 06, · Section g Liability for cleanup ebook removal costs.
Section g1. Hazardous discharge cleanup liability; Section g2. Owners, operators of vessels shall assure financial resources for cleanup costs, enforcement; Section g3. No liability for cleanup and removal costs for actions taken with respect to discharge of petroleum.