There has been a landmark decision by the California Court of Appeal that now makes it possible for policyholders (including dry cleaners, chemical manufacturers, waste disposal companies, etc.) to use all the historical insurance policies they can find to defend them against claims for progressive property damage or personal injuries that might have started years ago. Continue reading “California Court Lets You Use All Policies”
Author: David ONeill
Reaching Into the Past to Pay
Today’s Environmental Compliance Costs: Insurance Archeology for the Laundry Industry
January 2009 issue of Laundry Today
An increasing number of laundries are striving to heighten their ‘green consciousness.’ Many go above and beyond what is necessary for them to maintain environmentally correct facilities. But sometimes, even with the best intentions, a facility can find itself on the wrong side of compliance based upon the actions of companies who previously operated on the land where they are currently located.
Do you know what type of business operated on your business’ property prior to your facility? Could it have been a dry cleaner? A gas station? A paint manufacturer? There are a host of industries that unbeknownst to you could have polluted the ground beneath your current facility. However, as the current owner of the property – you are responsible for any previous pollutants and clean-up costs. Continue reading “Reaching Into the Past to Pay”
British Asbestos Cases Make More Work for Insurance Archeologists
A High Court in the United Kingdom has rendered a significant opinion in the asbestos litigation that has clogged that country’s courts for the past several years. Various lower courts had ruled that public liability policies providing coverage for employees contracting mesothelioma were triggered on the date of injury. Different courts differed however over what constituted injury.Was the employee injured on the date he or she inhaled asbestos fibers or on the date that proof of injury actually could be detected? Continue reading “British Asbestos Cases Make More Work for Insurance Archeologists”
Old Gold in the Attic
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Finding the Money for Environmental Clean Ups In Yesterday’s Business Records
Successful dry cleaners keep a clean shop. Yet in recent years, the tidiest of dry cleaners are discovering that their inclination toward order and cleanliness is having a negative impact on their ability to stay in business.
Shredding and discarding old business records has long been the way to keep storage areas manageable and office areas functional. However, dry cleaners are finding that certain of the old business records they destroyed are the very documents they now need to keep their doors open. Continue reading “Old Gold in the Attic”
Old, lost insurance policies? Get yourself an archaeologist
Looking for an old insurance policy – one your client “was sure” they had but can’t remember where or when? Consider hiring an “insurance archaeologist.”
Who wouldn’t enjoy this scenario: An abandoned commercial property near a city center is used again as a productive commercial location? Or, pollution that seeps into underground water supplies is removed so the water is safe to drink. Continue reading “Old, lost insurance policies? Get yourself an archaeologist”
Finding the Money for Environmental Clean Ups In Yesterday’s Business Records
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Successful dry cleaners keep a clean shop. Yet in recent years, the tidiest of dry cleaners are discovering that their inclination toward order and cleanliness is having a negative impact on their ability to stay in business.
Shredding and discarding old business records has long been the way to keep storage areas manageable and office areas functional. However, dry cleaners are finding that certain of the old business records they destroyed are the very documents they now need to keep their doors open. Continue reading “Finding the Money for Environmental Clean Ups In Yesterday’s Business Records”