State Underground Petroleum (SUPERB)
|
|
|
- Malcolm Gibbs
- 6 years ago
- Views:
Transcription
1 State Underground Petroleum Environmental Response Bank Act (SUPERB)
2 Overview Third Party Issues Insurance Issues Class Action Issues Prerequisites for class certification under South Carolina law Bowens v. 7-Eleven, Inc. Fairey v. Exxon
3 Third Party Issues
4 South Carolina SUPERB Act (A): There is created within the state treasury two separate and distinct accounts which are to be administered by the department of health and environmental control. The superb account and the superb financial responsibility fund are created to assist owners and operators of underground storage tanks but not to relieve the owner or operator of any liability that cannot be satisfied by the provisions of this chapter.
5 South Carolina SUPERB Act (A): The Superb Account must be used for payment py of usual, customary, and reasonable costs for site rehabilitation of releases from underground storage tanks containing petroleum or petroleum products.
6 South Carolina SUPERB Act (A): The Superb Financial Responsibility Fund must be used for compensating third parties for actual costs for bodily injury and property damage caused by accidental releases from underground storage tanks containing petroleum or petroleum products. The Superb Financial i Responsibility Fund must not be used for reimbursing claims for punitive damages.
7 South Carolina SUPERB Act (A): Sites not in substantial compliance with regulations are not eligible for compensation from the superb account, and no third party claims resulting from that release may be paid from the superb financial responsibility fund.
8 South Carolina SUPERB Act (C): The Superb Financial Responsibility Fund must be used to reimburse owners or operators who compensate third parties or compensate third parties directly, only for bodily injury and property damages caused by releases from underground storage tanks containing petroleum or petroleum products, exclusive of any legal costs of the parties, and only when there are judgments, settlements, alternative dispute resolution outcomes, or consent orders for damages for bodily injury or property damage, or both, that are approved by a court of competent jurisdiction within the State of South Carolina.
9 South Carolina SUPERB Act (C): To seek payment from the Superb Financial Responsibility Fund, the owner or operator must notify the department in writing within sixty days and must defend in good faith against the claim or suit.
10 South Carolina SUPERB Act (C): At its discretion, the department may intervene in the claim or suit to protect the Superb Financial Responsibility Fund. It Intervention ti includes, ld but bti is not tli limited itdt to, defending the claim, approving the claim, or participating i in the settlement t of the claim.
11 South Carolina SUPERB Act (C): The Superb Financial Responsibility Fund is not liable for any claims where no owner or operator exists.
12 South Carolina SUPERB Act (23): "Third party claim" - a civil action brought or asserted by an injured party against an owner or operator of an underground storage tank for bodily injury or property damages resulting from a release of petroleum or petroleum products from an underground storage tank. Underground storage tank owner or operator, owner of the property where the underground storage tank is located, a person to whom properties are transferred in anticipation i of damage due to a release, Employees or agents of an owner or operator, or employees or agents of the property owner must not be considered a third party.
13 South Carolina SUPERB Act (2): "Bodily injury" means actual medically documented costs and medically documentable future costs of adverse health h effects that have resulted from exposure to a release of petroleum or petroleum products from an underground storage tank. Bodily injury does not mean pain and suffering.
14 South Carolina SUPERB Act (15): "Property damage" - a documented adverse physical impact to structures or property as a result of a release of petroleum or petroleum products from an underground storage tank. Total damage is limited to the difference between THE original i lf fair market value of fth the property or structure t and the residual value or the depreciated replacement cost of the property or structure, whichever is less. The documented presence of petroleum or petroleum products at levels not posing an unacceptable risk to human health or environment shall not be grounds for a claim or suit.
15 Insurance Issues
16 South Carolina SUPERB Act (A): No insurance policy, guarantee, surety bond, or any other financial responsibility mechanism which is executed to provide this or additional amounts of coverage shall contain any terms, endorsements, conditions, provisions, or other language that requires expenditures of funds from the Superb Account or the Superb Financial Responsibility Fund prior to or in lieu of payment by the mechanism, and no such financial responsibility mechanism which has previously been executed shall operate so as to require the expenditure of funds from the Superb Account or Superb Financial Responsibility Fund until funds provided by the financial responsibility mechanisms have been exhausted.
17 South Carolina SUPERB Act (A): If a liability insurance policy or any other financial responsibility mechanism which provides financial responsibility coverage for sudden or nonsudden release of petroleum or petroleum products from an underground storage tank has been executed for a site at which compensation from the Superb Account is sought, no funds may be expended from the Superb Account until the funds provided by the financial responsibility mechanism have been exhausted.
18 Class Action Issues
19 Class Certification Proponents of class certification bear the burden of proving 5 prerequisites under S.C. law: Class must be so numerous that joinder of all members is impracticable Must be questions of law or fact common to the class Claims or defenses of the representative parties must be typical of the claims or defenses of the class Representative parties must fairly and adequately protect the interests of the class Amount in controversy must exceed $100 for each member of the class
20 Class Certification First four are often called requirements for numerosity, commonality, typicality, and adequacy of representation Failure to satisfy even one prerequisite is fatal to class certification.
21 Bowens v. 7-Eleven, Inc. What is the class action about? This Lawsuit involves what is now the 7-Eleven gas station at 1000 South Main Street in Goshen (the Station ). The Lawsuit alleges that Defendants are responsible for releases of gasoline from underground storage tanks at the Station. Plaintiffs iff allege that these releases entered the groundwater and soil in the neighborhood around the Station and caused gasoline vapors to enter into surrounding properties. Plaintiffs also allege that Defendants should have, but did not, notify residents of the Jackson Street Neighborhood of the releases.
22 Bowens v. 7-Eleven, Inc. But both sides agreed to the settlement to resolve the case and get benefits to Class Members. The Settlement provides up to $19,800, in benefits to clean up the neighborhood and to be divided among all Class Members who submit a valid claim form. The Court approved the Settlement on February 29, 2008.
23 Fairey v. Exxon On September 18, 1992, Mary Louise Fairey commenced this class action against Exxon for damages it had caused to her property and all other property which Exxon s service station operations had damaged in South Carolina. Ten years and ten months later, on July 18, 2004, this action was settled just after the trial of the case had begun. The settlement received final Court approval reported to be $30 million.
24 Fairey v. Exxon: NOTICE OF CLASS ACTION CLAIMS PROCEDURES TO MEMBERS OF THE SOUTH CAROLINA EXXON CONTAMINATION CLASS ACTION: YOU ARE HEREBY NOTIFIED OF THE EXISTENCE OF A CLAIMS PROCEDURE TO BE FOLLOWED FOR CLASS MEMBERS TO RECOVER FROM A SETTLEMENT FUND CREATED AS A RESULT OF THE SETTLEMENT OF THE ABOVE-REFERENCED ACTION.
25 Fairey v. Exxon: NOTICE OF CLASS ACTION CLAIMS PROCEDURES The class, on whose behalf these claims were asserted and on whose behalf this action has been settled, consists of: THOSE PERSONS WHO POSSESS AN INTEREST IN REAL PROPERTY WITHIN THE STATE OF SOUTH CAROLINA THAT HAVE BEEN POTENTIALLY CONTAMINATED BY PETROLEUM PRODUCTS, OR CHEMICALS ASSOCIATED WITH PETROLEUM PRODUCTS THAT HAVE LEAKED, SPILLED, OR BEEN RELEASED INTO THE ENVIRONMENT EITHER FROM EQUIPMENT OWNED, OPERATED OR CONTROLLED BY EXXON, ITS AGENTS OR ITS PREDECESSORS, OR FOR SERVICE STATION OPERATIONS CONDUCTED BY EXXON, ITS AGENTS OR PREDECESSORS, OR UNDER THE CONTROL OF EXXON OR ITS PREDECESSORS.
26 Fairey v. Exxon: NOTICE OF CLASS ACTION CLAIMS PROCEDURES This Court previously certified this case as a class action on March 13, 1998 and gave notice concerning the existence of this Class on March, 1999, which afforded all of those who wished to be excluded an opportunity to exclude themselves from this case. IF YOU FIT THE DESCRIPTION SET FORTH ABOVE AND DID NOT REQUEST TO BE EXCLUDED BY JULY 30, 1999, YOU ARE A MEMBER OF THIS CLASS AND HAVE THE RIGHT TO FILE A CLAIM AGAINST THE SETTLEMENT FUND CREATED AS A RESULT OF THE RESOLUTION OF THIS CLASS ACTION.
27 Thank You!
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 SESSION LAW HOUSE BILL 897
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2003 SESSION LAW 2003-352 HOUSE BILL 897 AN ACT TO IMPROVE THE SOLVENCY OF THE COMMERCIAL LEAKING PETROLEUM UNDERGROUND STORAGE TANK CLEANUP FUND AND THE NONCOMMERCIAL
LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT
LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT This LIMITED ENVIRONMENTAL INDEMNITY AGREEMENT is entered into as of the day of, 2011, by ("Indemnitor") and the City of (the "City"). RECITALS A. WHEREAS, Indemnitor
Procedural Considerations For Insurance Coverage Declaratory Judgment Actions
Procedural Considerations For Insurance Coverage Declaratory Judgment Actions New York City Bar Association October 24, 2016 Eric A. Portuguese Lester Schwab Katz & Dwyer, LLP 1 Introduction Purpose of
Miscellaneous Professional Liability Policy
Miscellaneous Professional Liability Policy U R Covered Inc. Home Office: 123 Insurance Ave. City, St. 55555-0000 Phone: 800-555-1111 Fax: 860-555-2222 SAMPLE MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
I. Introduction. Appeals this year was Fisher v. State Farm Mutual Automobile Insurance Company, 2015 COA
Fisher v. State Farm: A Case Analysis September 2015 By David S. Canter I. Introduction One of the most important opinions to be handed down from the Colorado Court of Appeals this year was Fisher v. State
Berkley Insurance Company. Common Policy Terms and Conditions Section
Berkley Insurance Company Common Policy Terms and Conditions Section CLAIMS MADE WARNING FOR POLICY NOTICE: THIS POLICY PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS SUBJECT TO ITS TERMS. THIS
"Motor vehicle liability policy" defined. (a) A "motor vehicle liability policy" as said term is used in this Article shall mean an
20-279.21. "Motor vehicle liability policy" defined. (a) A "motor vehicle liability policy" as said term is used in this Article shall mean an owner's or an operator's policy of liability insurance, certified
MTBE: Coverage For This "Spreading" Problem
Proceedings of the Annual International Conference on Soils, Sediments, Water and Energy Volume 11 Article 11 January 2010 MTBE: Coverage For This "Spreading" Problem John N. Ellison ESQ Anderson Kill
Case 1:18-cv LTS-DCF Document 1 Filed 01/11/18 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK CASE NO.
Case 1:18-cv-00262-LTS-DCF Document 1 Filed 01/11/18 Page 1 of 9 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BLESSINGS, INC. D/B/A BLESSINGS SEAFOOD A/KA BLESSING AND BLESSING SEAFOOD, Plaintiff,
Insurance Claims for Recovery of Environmental Cleanup Costs
245 Fischer Avenue, Suite D-2 Costa Mesa, CA 92626 Tel. +1.714.770.8040 Web: www.aquilogic.com April 2014 Insurance Claims for Recovery of Environmental Cleanup Costs Introduction Environmental Damage
1301: Financial responsibility for petroleum underground storage tank systems.
1301:7-9-05 Financial responsibility for petroleum underground storage tank systems. (A) Purpose. For the purpose of prescribing rules pursuant to division (B) of section 3737.882 of the Revised Code,
NON-OWNED FOR HIRE AUTO LIABILITY POLICY
NON-OWNED FOR HIRE AUTO LIABILITY POLICY In this Policy the words "You", ''Your'' and "Yours'' refer to the Assured named and shown in the Declarations page of this Policy."We," "Us" and "Our" refer to
AGREEMENT BY AND BETWEEN ROCKLIN UNIFIED SCHOOL DISTRICT AND ROCKLIN EDUCATIONAL EXCELLENCE FOUNDATION RECITALS
AGREEMENT BY AND BETWEEN ROCKLIN UNIFIED SCHOOL DISTRICT AND ROCKLIN EDUCATIONAL EXCELLENCE FOUNDATION This agreement ("Agreement") is made by and between Rocklin Unified School District, a public school
Arch Specialty Insurance Company (herein after referred to as The Company ) MISCELLANEOUS PROFESSIONAL LIABILITY POLICY
Arch Specialty Insurance Company (herein after referred to as The Company ) MISCELLANEOUS PROFESSIONAL LIABILITY POLICY THIS POLICY PROVIDES CLAIMS MADE AND REPORTED COVERAGE CLAIMS MUST FIRST BE MADE
EMPLOYEE BENEFITS LIABILITY COVERAGE
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS-MADE AND REPORTED COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY.
DIRECTORS AND OFFICERS LIABILITY COVERAGE Claims-Made Coverage
DIRECTORS AND OFFICERS LIABILITY COVERAGE Claims-Made Coverage NOTICE: This is a claims-made coverage. Except as may be otherwise provided herein, this coverage is limited to liability for only those suits
John P. O Donnell, J.:
IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO BELLAIRE CORPORATION ) ) Plaintiff, ) ) vs. ) ) AMERICAN EMPIRE SURPLUS ) LINES, et al. ) ) Defendants. ) CASE NO. CV 13 816172 JUDGE JOHN P. O DONNELL
LIQUOR LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY LIQUOR LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered.
2019 E JIF Risk Management Plan. New Jersey Municipal Environmental Risk Management Fund
2019 E JIF Risk Management Plan New Jersey Municipal Environmental Risk Management Fund Table of Contents 1. INTRODUCTION... 3 I. THIRD PARTY LIABILITY... 4 1. Background:... 4 2. Scope of Coverage:...
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW SENATE BILL 836
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2009 SESSION LAW 2010-179 SENATE BILL 836 AN ACT TO: (1) CLARIFY LIABILITY FOR DAMAGES CAUSED BY THE DISCHARGE OF NATURAL GAS, OIL, OR DRILLING WASTE INTO STATE
LIQUOR LIABILITY COVERAGE FORM
COMMERCIAL GENERAL LIABILITY CG 00 33 01 96 LIQUOR LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is
Real Estate Management Agreement
Real Estate Management Agreement (hereinafter referred to as "Owner") and Interchange Property Management (IPM) (hereinafter referred to as "Manager"), agree as follows: 1. The Owner hereby employs and
SPECIMEN. of Financial Impairment of the issuers of such Underlying Insurance;
In consideration of payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this Policy, the Company and the Insured Person agree as follows: Insuring
GENERAL TERMS AND CONDITONS of Afvalstoffen Terminal Moerdijk B.V.
October 2016 GENERAL TERMS AND CONDITONS of Afvalstoffen Terminal Moerdijk B.V. Article 1 Applicability of General Terms and Conditions 1 These General Terms and Conditions are applied by Afvalstoffen
EMPLOYEE BENEFITS LIABILITY COVERAGE
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 04 35 12 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS-MADE COVERAGE.
ABUSE OR MOLESTATION LIABILITY COVERAGE PART
ABUSE OR MOLESTATION LIABILITY COVERAGE PART PLEASE READ THE ENTIRE FORM CAREFULLY. ABUSE OR MOLESTATION AM 00 01 06 10 Various provisions in this coverage part restrict coverage. Read the entire coverage
EXCESS LIABILITY COVERAGE FORM
ABCD GAI Administrative Offices 301 E 4th Street Cincinnati OH 45202-4201 513 369 5000 ph 6524 (Ed. 06 97) EXCESS LIABILITY COVERAGE FORM There are provisions in this policy that restrict coverage. Read
Management Liability. Insurance Policy. Executive Risk Indemnity Inc. Home Office: 2711 Centerville Road, Suite 400 Wilmington, DE 19808
Management Liability Insurance Policy Executive Risk Indemnity Inc. Home Office: 2711 Centerville Road, Suite 400 Wilmington, DE 19808 Administrative Offices/Mailing Address: 82 Hopmeadow Street Simsbury,
OUR WORK. SUPERFUND, COST RECOVERY AND CONTRIBUTION - Overview
SUPERFUND, COST RECOVERY AND CONTRIBUTION - Overview We have represented clients in all types of Superfund matters, including as PRPs at multi-party disposal sites, as both plaintiffs and defendants in
MISCELLANEOUS PROFESSIONAL LIABILITY INSURANCE POLICY
MISCELLANEOUS PROFESSIONAL LIABILITY INSURANCE POLICY CLAIMS MADE IMPORTANT NOTICE CLAIM EXPENSE IS INCLUDED IN THE LIMIT OF INSURANCE AND THE RETENTION. ALL WORDS OR PHRASES, OTHER THAN CAPTIONS, PRINTED
Dare You to Buy. Kristin White, Associate Legal Counsel Minnesota Department of Transportation
Dare You to Buy Kristin White, Associate Legal Counsel Minnesota Department of Transportation NOTES Why the worry? Environmental law 101 What your organization can do Why the worry? Removal/remediation
(4) "Costs" means actual expenses incurred, paid, and documented.
ACTION: Final DATE: 11/28/2018 12:51 PM 3737-1-03 Definitions. (A) The following definitions are provided for the purposes of clarifying the meaning of certain terms as they appear in sections 3737.90
I. BACKGROUND. A. The New Jersey Department of Environmental Protection. ("DEP") and the Administrator of the New Jersey Spill
CHRIS CHRISTIE Governor Department of Environmental Protection BOB MARTIN Commissioner IN THE MATTER OF THE NOBLE : OIL SITE PI NO. 014267 : AND : SETTLEMENT AGREEMENT C & M INDUSTRIES, INC. : Respondent.
CONTRACTORS POLLUTION LIABILITY POLICY NOTICE
CONTRACTORS POLLUTION LIABILITY POLICY NOTICE PLEASE READ THE ENTIRE POLICY CAREFULLY TO DETERMINE THE INSURED'S RIGHTS AND DUTIES, AND WHAT IS AND IS NOT COVERED. VARIOUS PROVISIONS THROUGHOUT THIS POLICY
DECLARATIONS. Limits of Liability in respect of each Occurrence and in the aggregate: Underlying Amount(s) or Each Occurrence Retention:
DECLARATIONS Item 1. Name and Address of the Named Insured: Item 2. Limits of Liability in respect of each Occurrence and in the aggregate: Item 3. Underlying Amount(s) or Each Occurrence Retention: Item
LIQUOR LIABILITY COVERAGE FORM
LIQUOR LIABILITY COVERAGE FORM COMMERCIAL GENERAL LIABILITY CG 00 33 04 13 Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is
Self-Defense Liability Coverage Form
USCCA SELF-DEFENSE SHIELD MEMBERSHIP BENEFIT Self-Defense Liability Coverage Form SILVER GOLD PLATINUM ELITE $300,000 $600,000 $1,150,000 $2,250,000 in Self-Defense SHIELD Protection in Self-Defense SHIELD
SELF STORAGE OPERATOR S LEGAL LIABILITY POLICY. Introduction. Representations. Agreement. Concealment, Misrepresentation or Fraud
SELF STORAGE OPERATOR S LEGAL LIABILITY POLICY Introduction We encourage you to read the entire policy. For applicable limits of insurance refer to the Declarations Page of this policy. Throughout this
THIS IS A CLAIMS-MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE COVERAGE LIMITS. PLEASE READ THE POLICY CAREFULLY.
LIABILITY COVERAGE TERMS AND CONDITIONS THIS IS A CLAIMS-MADE COVERAGE WITH DEFENSE EXPENSES INCLUDED IN THE COVERAGE LIMITS. PLEASE READ THE POLICY CAREFULLY. CONSIDERATION CLAUSE IN CONSIDERATION
INSURANCE COVERAGE COUNSEL
INSURANCE COVERAGE COUNSEL 2601 AIRPORT DR., SUITE 360 TORRANCE, CA 90505 tel: 310.784.2443 fax: 310.784.2444 www.bolender-firm.com 1. What does it mean to say someone is Cumis counsel or independent counsel?
Decided: July 11, S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. This Court granted a writ of certiorari to the Court of Appeals in Carter
In the Supreme Court of Georgia Decided: July 11, 2014 S13G1048. CARTER v. PROGRESSIVE MOUNTAIN INSURANCE. HINES, Presiding Justice. This Court granted a writ of certiorari to the Court of Appeals in Carter
2013 PA Super 54. Appellee No. 732 WDA 2012
2013 PA Super 54 W. VIRGIL HOVIS, AN INDIVIDUAL, AND DOROTHY D. HOVIS, HIS WIFE IN THE SUPERIOR COURT OF PENNSYLVANIA Appellants v. SUNOCO, INC (R&M), A PENNSYLVANIA CORPORATION, A/K/A, SUN COMPANY, INC.
PLF Claims Made Excess Plan
2019 PLF Claims Made Excess Plan TABLE OF CONTENTS INTRODUCTION... 1 SECTION I COVERAGE AGREEMENT... 1 A. Indemnity...1 B. Defense...1 C. Exhaustion of Limit...2 D. Coverage Territory...2 E. Basic Terms
Example: Swimming pools, ladders, refrigerators with doors left on, trampolines, and other kinds of property around a business or home.
Chapter Three Casualty (Liability) Basics LEARNING OBJECTIVES Upon the completion of this chapter, you will be able to: 1. Define basic casualty or liability insurance terms 2. Recognize the liability
Permit for Filming within the Municipality of Skagway Borough
Permit for Filming within the Municipality of Skagway Borough This Filming Permit Agreement ( Agreement ) is between a ( Permittee ) and the Municipality of Skagway Borough (the MOS ) with regard to an
Environmental & Pollution Liability Insurance for Contractors
Environmental & Pollution Liability Insurance for Contractors CONTRACTORS PROFESSIONAL ENVIRONMENTAL LIABILITY POLICY TABLE OF CONTENTS Contents SECTION 1 INSURING AGREEMENTS... 2 SECTION 2 DEFENCE AND
CONTRACTORS POLLUTION LIABILITY POLICY CLAIMS MADE AND REPORTED COVERAGE NOTICE
CONTRACTORS POLLUTION LIABILITY POLICY CLAIMS MADE AND REPORTED COVERAGE NOTICE THIS POLICY CONTAINS CLAIMS MADE AND REPORTED REQUIREMENTS. ADDITIONALLY, THIS POLICY HAS CERTAIN PROVISIONS AND REQUIREMENTS
THE STATE OF FLORIDA...
TABLE OF CONTENTS I. THE STATE OF FLORIDA... 1 A. FREQUENTLY CITED FLORIDA STATUTES... 1 1. General Considerations in Insurance Claim Management... 1 2. Insurance Fraud... 4 3. Automobile Insurance...
COVERAGE D - ELECTRONIC DATA PROCESSING PROFESSIONAL LIABILITY ENDORSEMENT
GENERAL STAR INDEMNITY COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE D - ELECTRONIC DATA PROCESSING PROFESSIONAL LIABILITY ENDORSEMENT GSI-04-C166 (9/96) Page 1 of 7 COVERAGE
CANCELLATION AND NON RENEWAL ENDORSEMENT MISSOURI
CANCELLATION AND NON RENEWAL ENDORSEMENT MISSOURI In consideration of the premium charged, it is hereby understood and agreed that solely with respect to those Named Insureds under this Policy, who are
Directors and Officers Liability Excess and Drop Down Non- Indemnified Loss Policy
Directors and Officers Liability Excess and Drop Down Non- Indemnified Loss Policy In consideration of the payment of the premium and in reliance upon the information provided and statements made in the
EMPLOYMENT PRACTICES LIABILITY POLICY
EMPLOYMENT PRACTICES LIABILITY POLICY THIS IS A CLAIMS MADE POLICY WITH DEFENSE EXPENSES INCLUDED IN THE LIMIT OF LIABILITY. PLEASE READ AND REVIEW THE POLICY CAREFULLY. In consideration of the payment
Labor Management Trust Fiduciary Liability Policy
Labor Management Trust Fiduciary Liability Policy In consideration of the payment of the premium and subject to the Declarations, limitations, conditions, provisions and other terms of this policy, the
FORT BEND COUNTY INDUSTRIAL DEVELOPMENT CORPORATION (a nonprofit corporation) APPLICATION FOR FINANCING
FORT BEND COUNTY INDUSTRIAL DEVELOPMENT CORPORATION (a nonprofit corporation) The purpose of this application is to present to the Fort Bend County Industrial Development Corporation (the "Corporation")
[Carrier name] FIDUCIARY LIABILITY COVERAGE ENHANCEMENTS ENDORSEMENT (EP PORTFOLIO)
![[Carrier name] FIDUCIARY LIABILITY COVERAGE ENHANCEMENTS ENDORSEMENT (EP PORTFOLIO)](/thumbs/83/88767715.jpg "[Carrier name] FIDUCIARY LIABILITY COVERAGE ENHANCEMENTS ENDORSEMENT (EP PORTFOLIO)")
ENDORSEMENT/RIDER [Print Coverage Section description on Endorsements] Effective date of this endorsement/rider: [Transaction Effective Date] [Carrier name] Endorsement/Rider No. [Endorsement number that
Lumber Industries Self-Insured Group Trust. Employers Liability Insurance Policy GENERAL SECTION
Employers Liability Insurance Policy In return for the payment of the premium and subject to all terms of this policy, we agree with you as follows: A. The Policy GENERAL SECTION This policy includes at
RED CLASSIC TRANSPORTATION SERVICES, LLC ( Broker )
RED CLASSIC TRANSPORTATION SERVICES, LLC ( Broker ) TERMS AND CONDITIONS OF PROPERTY BROKERAGE SERVICE BETWEEN POINTS IN NORTH AMERICA (EXCEPT MEXICO) ALL FEES, SUMS & VALUATIONS STATED IN U.S. DOLLARS
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA (PARSAC) MEMORANDUM OF COVERAGE FOR SELF-INSURED WORKERS COMPENSATION AND EMPLOYER S LIABILITY
PUBLIC AGENCY RISK SHARING AUTHORITY OF CALIFORNIA (PARSAC) MEMORANDUM OF COVERAGE FOR SELF-INSURED WORKERS COMPENSATION AND EMPLOYER S LIABILITY 2016/17 PROGRAM YEAR ADOPTED DECEMBER 3, 2015 EFFECTIVE
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CHAD MCFARLIN, Individually ) and on behalf of similarly ) situated persons, ) ) No. 5:16-cv-12536 Plaintiff, ) ) JURY TRIAL
responsibility of Tenant and/or Construction Contractors or Construction Subcontractors to pay.
responsibility of Tenant and/or Construction Contractors or Construction Subcontractors to pay. (h) Primary Coverage. For claims arising out of or relating to work on the Specific Project, Tenant s insurance
Case 2:17-cv JMV-SCM Document 1 Filed 08/01/17 Page 1 of 15 PageID: 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY : : : : : :
Case 217-cv-05641-JMV-SCM Document 1 Filed 08/01/17 Page 1 of 15 PageID 1 LAWRENCE C. HERSH Attorney at Law 17 Sylvan Street, Suite 102B Rutherford, NJ 07070 (201) 507-6300 Attorney for Plaintiff and all
REPRESENTATIONS AND WARRANTIES INSURANCE POLICY
Executive Risk Indemnity Inc. Home Office: Chubb Group of Insurance Companies 15 Mountain View Road, Warren, New Jersey 07059 1013 Centre Road Wilmington, Delaware 19805-1297 Mailing Address: 82 Hopmeadow
CONTRACTORS POLLUTION INCIDENT LIABILITY POLICY 2010 Member Companies of CNA Insurance. All rights reserved.
YOUR IS WRITTEN ON A CLAIMS-MADE AND REPORTED BASIS AND APPLIES ONLY TO THOSE CLAIMS FIRST MADE AGAINST YOU AND REPORTED TO US IN ACCORDANCE WITH SECTION VI. CONDITIONS, ITEM B, YOUR DUTIES IF THERE IS
Latest Trends in Environmental Liability B. DARRELL CHILD INTERMOUNTAIN AWWA EXECUTIVE VICE PRESIDENT SEPTEMBER 15, 2016
Latest Trends in Environmental Liability B. DARRELL CHILD INTERMOUNTAIN AWWA EXECUTIVE VICE PRESIDENT SEPTEMBER 15, 2016 Environmental Risk What Organizations Face Environmental Risk? Environmental Risk
Amendment for Employer Indemnity Coverage ("Indemnity Amendment")
Amendment for Employer Indemnity Coverage ("Indemnity Amendment") Policy Number: [12345] Policyholder: [ABC Employer] Effective Date: [ Rider Number:[ ] ] This Amendment form is made a part of the Occupational
UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND POLICY FOR DIRECT PAYMENT PROGRAM MASSACHUSETTS GENERAL LAWS CHAPTER 21J AND 503 CMR 2.
UNDERGROUND STORAGE TANK PETROLEUM PRODUCT CLEANUP FUND POLICY FOR DIRECT PAYMENT PROGRAM MASSACHUSETTS GENERAL LAWS CHAPTER 21J AND 503 CMR 2.08 TABLE OF CONTENTS 1.0 Purpose and Scope...1 2.0 Definitions...1
LIQUOR LIABILITY COVERAGE FORM
UTICA FIRST INSURANCE COMPANY CONSTITUTED IN OHIO AS UTICA FIRST INSURANCE COMPANY (MUTUAL) Home Office - 5981 Airport Road, Oriskany, NY 13424 Mail Address - P.O. Box 851, Utica, NY 13503.0851 This endorsement
General Terms and Conditions for Liability Coverage Parts
General Terms and Conditions for Liability Coverage Parts In consideration of the payment of the premium and subject to all terms, conditions and limitations of this Policy, the Insureds and Insurer agree:
INDEPENDENT DIRECTORS EXCESS DIC LIABILITY INSURANCE POLICY
A Stock Insurance Company, herein called the Company INDEPENDENT DIRECTORS EXCESS DIC LIABILITY INSURANCE POLICY THIS POLICY APPLIES ONLY TO CLAIMS FIRST MADE AGAINST THE INDEPENDENT DIRECTORS DURING THE
FOLLOWING FORM EXCESS FIDUCIARY AND EMPLOYEE BENEFIT INDEMNITY POLICY
FOLLOWING FORM EXCESS FIDUCIARY AND EMPLOYEE BENEFIT INDEMNITY POLICY Policy No: Sample-06FL THIS IS A FOLLOWING FORM EXCESS FIDUCIARY LIABILITY "CLAIMS-FIRST-MADE" POLICY. PLEASE READ THE ENTIRE POLICY
PERSONAL UMBRELLA LIABILITY ENDORSEMENT For Attachment to Form This endorsement is an extension of your homeowners policy.
PERSONAL UMBRELLA LIABILITY ENDORSEMENT For Attachment to Form 1775 This endorsement is an extension of your homeowners policy. READ THIS ENDORSEMENT CAREFULLY This endorsement provides liability insurance
June It's almost "D" Day... July 1st when Chapter 453 of the Acts of 2008 becomes effective. The new law affects your homeowners in two ways.
TECH... TALK Homeowners and the New MA Oil Law Requirement By Irene Morrill, CPCU, CIC, ARM, CRM, CRIS, LIA, CPIW Vice President of Technical Affairs June 2010 It's almost "D" Day... July 1st when Chapter
CLAIMS ADMINISTRATION SERVICES AGREEMENT
CLAIMS ADMINISTRATION SERVICES AGREEMENT This Claims Administration Services Agreement (the "Agreement") is made and entered into by and between XYZ School District ("Client") and Keenan & Associates ("Keenan").
Travelers Casualty and Surety Company of America Hartford, Connecticut (A Stock Insurance Company, herein called the Company)
DECLARATIONS Wrap Health Care Organization Directors, Officers and Trustees Liability POLICY NO. SM Travelers Casualty and Surety Company of America Hartford, Connecticut 06183-9062 (A Stock Insurance
VIRTUE GUARD VIRTUE RISK PARTNERS
VIRTUE GUARD VIRTUE RISK PARTNERS www.virtuerisk.com RENEWAL APPLICATION FOR STORAGE TANK & ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE This renewal application is for an insurance policy providing coverage
Environmental Risk in Insurance Practice
Environmental Risk in Insurance Practice UNEP Finance Initiative May 28, 2010 / Athens Christos Chassiotis Key Analysis Environmental Risk vs Pollution Risk Environmental Liability vs Civil Liability Traditional
State of New York: Department of Environmental Conservation
State of New York: Department of Environmental Conservation In the Matter of the Alleged Violation of Article 17 of the Environmental Conservation Law ( ECL ) of the State of New York, Article 12 of the
Insurer v. Insurer: The Bases of an Insurer s Right to Recover Payment From Another Insurer*
Insurer v. Insurer: The Bases of an Insurer s Right to Recover Payment From Another Insurer* By: Thomas F. Lucas McKenna, Storer, Rowe, White & Farrug Chicago A part of every insurer s loss evaluation
A. Administration means one or more of the following administrative duties or activities with respect to a Plan:
FIDUCIARY LIABILITY CLAUSE I. INSURING CLAUSES A. The Underwriters shall pay on behalf of the Insureds all Loss resulting from any Claim first made against any Insured and reported in writing
Environmental Insurance
Environmental Insurance May 29, 2017 2017 SPIAO Conference 1 Environmental Insurance Absolute Exclusion under General Liability Policy except Hostile Fire Coverage can be brought back by: Endorsement -
The only way to get a payment. NO LATER THAN MARCH 10, 2011 EXCLUDE YOURSELF NO LATER THAN MARCH 10, 2011 SUBMIT A CLAIM FORM
United States District Court Southern District Of New York IN RE FUWEI FILMS SECURITIES LITIGATION Case No. 07-CV-9416 (RJS) NOTICE OF PENDENCY AND SETTLEMENT OF CLASS ACTION If you purchased or otherwise
Claim Procedure Manual
Claim Procedure Manual Liability Program December 2010 INTRODUCTION This manual was prepared for PARSAC members as a guide for processing claims and lawsuits presented to your entity where there is potential
STATE OF MICHIGAN COURT OF APPEALS
STATE OF MICHIGAN COURT OF APPEALS HOMETOWNE BUILDING COMPANY, L.L.C., Plaintiff, UNPUBLISHED October 13, 2009 and NORTH AMERICAN SPECIALTY INSURANCE COMPANY, Intervening Plaintiff- Appellant/Cross-Appellee,
Casualty (Liability) Basics
3 Casualty (Liability) Basics LEARNING OBJECTIVES Upon the completion of this chapter, you will be able to: 1. Define basic casualty or liability insurance terms 2. Recognize the liability insurance principles
COVERAGE PART C PROFESSIONAL LIABILITY THIS COVERAGE PART IS PROVIDED ON A CLAIMS-MADE AND REPORTED BASIS. PLEASE READ THE ENTIRE FORM CAREFULLY.
COVERAGE PART C PROFESSIONAL LIABILITY THIS COVERAGE PART IS PROVIDED ON A CLAIMS-MADE AND REPORTED BASIS. PLEASE READ THE ENTIRE FORM CAREFULLY. SECTION I - INSURING AGREEMENTS EACH OF THE FOLLOWING COVERAGES
AMERICAN INTERNATIONAL COMPANIES POLLUTION LEGAL LIABILITY APPLICATION
AMERICAN INTERNATIONAL COMPANIES Name of Insurance Company to which Application is made (herein called the Company) POLLUTION LEGAL LIABILITY APPLICATION THIS IS AN APPLICATION FOR A CLAIMS -MADE POLICY
Products-Completed Operations Liability For Life Sciences
Products-Completed Operations Liability For Life Sciences Table Of Contents Section Page Coverages 3 Investigation, Defense And Settlements 5 Supplementary Payments 5 Coverage Territory 6 Who Is An Insured
City of Rolling Hills INCORPORATED JANUARY 24, 1957
City of Rolling Hills INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Permit requirements and application for collection and disposal
George L. Seay, Jr. Wyatt, Tarrant & Combs, LLP 250 West Main Street, Suite 1600 Lexington, KY (859)
The Comprehensive Environmental Response, Compensation, and Liability Act ( Superfund ) and Kentucky House Bill 465: Exemptions and Protection From Liability George L. Seay, Jr. Wyatt, Tarrant & Combs,
GENERAL TERMS AND CONDITIONS
GENERAL TERMS AND CONDITIONS In consideration of the payment of the premium, and in reliance on all statements made and information furnished to the Insurer identified in the Declarations (hereinafter
Tips for Maximizing Your Insurance Recovery for Contaminated Sites
Tips for Maximizing Your Insurance Recovery for Contaminated Sites An Overview of Key Issues and Steps You Can Take Megan Brillault Nicole Weinstein July 10, 2018 Agenda Environmental coverage overview
1. a negligent act, error or omission; 2. false arrest, detention or imprisonment; 3. malicious prosecution; 4. the wrongful eviction from, wrongful e
IRONSHORE SPECIALTY INSURANCE COMPANY One State Street Plaza 7th Floor New York, NY 10004 Toll Free: (877) IRON411 Policy Number: Insured Name: ARCHITECTS AND ENGINEERS PROFESSIONAL LIABILITY INSURANCE
Case: 1:18-cv Document #: 1 Filed: 08/03/18 Page 1 of 9 PageID #:1
Case: 1:18-cv-05315 Document #: 1 Filed: 08/03/18 Page 1 of 9 PageID #:1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION BRIAN HUGHES, Individually, and on Behalf
COMMERCIAL EXCESS LIABILITY COVERAGE FORM
COMMERCIAL EXCESS LIABILITY CX 00 01 09 08 COMMERCIAL EXCESS LIABILITY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights, duties and
FINANCIAL INSTITUTIONS PROFESSIONAL LIABILITY INSURANCE POLICY
FINANCIAL INSTITUTIONS PROFESSIONAL LIABILITY INSURANCE POLICY In consideration of, and subject to, the payment of the premium, and in reliance upon the particulars, statements, attachments and exhibits
EAGLE-PICHER INDUSTRIES, INC. ASBESTOS INJURY CLAIMS RESOLUTION PROCEDURES
ANNEX B NY CRP Amended 11-29-2017.doc EAGLE-PICHER INDUSTRIES, INC. ASBESTOS INJURY CLAIMS RESOLUTION PROCEDURES These Eagle-Picher Industries Asbestos Personal Injury Claims Resolution Procedures (the
A. Accountants Professional Liability Insurance Coverage
Berkley Insurance Company Accountants Professional Liability Insurance Policy CLAIMS MADE WARNING FOR POLICY NOTICE: THIS POLICY PROVIDES COVERAGE ON A CLAIMS MADE AND REPORTED BASIS SUBJECT TO ITS TERMS.
Florida Senate SB 1592
By Senator Thrasher 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 A bill to be entitled An act relating to civil remedies against insurers; amending s. 624.155, F.S.; revising
PETROLEUM UNDERGROUND STORAGE TANK RELEASE COMPENSATION BOARD OHIO REVISED CODE
PETROLEUM UNDERGROUND STORAGE TANK RELEASE COMPENSATION BOARD OHIO REVISED CODE This document contains a copy of the Ohio Revised Code pertaining to the formation of the Board as it was written in Substitute
Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, Senior Justice
Present: Carrico, C.J., Lacy, Hassell, Keenan, Koontz, and Kinser, JJ., and Compton, Senior Justice JOHN A. BERCZEK OPINION BY v. Record No. 991117 SENIOR JUSTICE A. CHRISTIAN COMPTON April 21, 2000 ERIE