As illustrated above, the “direct physical loss” requirement is potentially problematic for insureds seeking coverage for intangible losses. Fortunately, many courts have rejected insurer arguments that such losses are insufficiently “direct” or “physical” to trigger coverage. Insurers are entitled to manage risk by limiting coverage grants or excluding certain types of peril, but it is a basic tenet of insurance law that they must do so unambiguously in order to protect the reasonable expectations of the insured. In accordance with this principle, courts have rightly refused insurer invitations to categorically preclude coverage for losses caused by intangible hazards. While insurers may well argue that the “direct physical loss” requirement bars coverage for contamination-related losses, cruise ship companies and other businesses facing intangible risks can muster persuasive arguments in support their recovery efforts. … [Read more...] about Direct Physical Loss at Sea: Should Cruise Ship Companies Expect Coverage for Contamination-Related Property Damage?
Fear of contamination
A leak in an existing pipeline was discovered in a small Missouri town in 1963 and repaired, but one hundred barrels of leaded gasoline leaked and had not been recovered from the site. In 2002, a town resident contacted defendant, the successor in interest, about gasoline odors in his home. An investigation of well water used by residents showed the presence of certain chemicals at levels three times above the permissible limit. The defendant purchased the homes on and around the contamination site and began working with the Missouri Department of Natural Resources to identify and fence in the contamination. The defendant later demolished the homes on contaminated properties, removed 4000 cubic yards of soil, and set up a monitoring system to track the spread of contamination. … [Read more...] about Eighth Circuit Reverses Class Certification Where Class Members Not Commonly Injured by Contamination on Their Property
In reversing the district court’s class certification ruling, the Court held that Plaintiffs could not satisfy the commonality requirement of Federal Rule of Civil Procedure 23. Plaintiffs failed to show any physical invasion of their property and therefore failed to show any actual injury. The Court therefore concluded that the putative class’s fear of contamination, in the absence of proof failed to support the nuisance claim. … [Read more...] about Eighth Circuit Holds Fear of Contamination Insufficient to Establish Nuisance Class
The meeting heard a report by consultants Amec Foster Wheeler, which was published in June 2016, but not posted on the council’s website until December 2017, revealed highly elevated concentrations of lead and concentrations of copper, nickel and zinc had been found on the former Army rifle range and council landfill site. … [Read more...] about Cries of ‘disgrace’ as North Yorkshire holiday park gets permission for extension despite pollution fears
Using the latest anti-virus protection Deleting out of date and risky software like Adobe's Flash Updating your system software whenever your operator recommends Checking your computer's fans are not whirring even when you aren't running a large programme Updating your router's software when recommended Changing your WiFi password from the default setting Mr Arthur, an author and tech editor of 20 years, said that Russia appeared to be deploying "botnets" to attack devices in British households. … [Read more...] about Russian hacking fears – The signs YOUR computer has been targeted and how to prevent getting hacked