Do Pollution Exclusion clauses work?
Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales…
View the post titled Do Pollution Exclusion clauses work?Nuclear Liability caps in Japan
Japan has nuclear liability caps much higher than those in Canada. Under the Law on Compensation for Nuclear Damage, plant operator liability is exclusive and absolute, and power plant operators must provide a ‘financial security amount’ of ¥120 billion ($1.2 billion), 16 times t…
View the post titled Nuclear Liability caps in JapanWho pays for basement flooding?
It will likely be increasingly difficult for home and business owners to find anyone willing to pay for basement flooding. According to the insurers’ Institute for Catastrophic Loss Reduction, “basement flooding is one of the biggest challenges facing homeowners, municipal governments…
View the post titled Who pays for basement flooding?Home Insurance and the Pollution Exclusion
A BC court has upheld the pollution exclusion in a home insurance policy. The issue was the scope of the “pollution exclusion” clause in a policy of home insurance issued by the defendant, BCAA Insurance Corporation, to the plaintiff, Brian Corbould. Corbould sought a declaration of coverage…
View the post titled Home Insurance and the Pollution ExclusionModel contract for engineers and their clients
We are frequently consulted on disputes over the wording of contracts between environmental engineers and their clients. Some contracts are just badly drafted, so it’s hard to know what they mean. Others are clearly drafted, but don’t describe what the client was promised. Some …
View the post titled Model contract for engineers and their clientsTransocean seeks to cap liability for Gulf spill
One of the biggest ways that our legal system contributes to enormous, high-risk accidents, is to allow those responsible to limit their financial liability. This allows them to raise money from investors, and obtain insurance, for high-risk activities that the government wishes to support.…
View the post titled Transocean seeks to cap liability for Gulf spillEnvironmental insurance getting cheaper?
Last week, insurance representatives told the Ontario Bar Association that environmental cleanup insurance has become much less expensive, perhaps 1 cent per square foot per year for large property portfolios. The available coverages have also expanded. This is good news. Environmental insur…
View the post titled Environmental insurance getting cheaper?Financial assurance: what counts?
Detox appealed the Ministry demand for $100,000 in financial assurance for transportation accidents relating to PCBs. As Detox pointed out, it holds $5 million of vehicle insurance, to cover precisely the same sort of accidents, and the MOE's amount, $100,000, was almost certainly inadequ…
View the post titled Financial assurance: what counts?Contracts with consultants
Dianne spoke this week on why you should take nothing for granted when hiring environmental consultants, and especially should not accept the “standard terms and conditions” proposed by most major consulting firms in Ontario. Here is the presentation: Working with Consultants.
View the post titled Contracts with consultantsReceive Blog Posts
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