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The coverage issues surrounding losses caused by environmental pollution have been litigated for decades. Yet, no matter how many permutations of disputes take place over what constitutes “pollution” within the meaning of the pollution exclusions in comprehensive general liability (“CGL”) policies, new issues continue to arise. One issue poised to become significant is whether damage allegedly caused by genetically modified organisms (“GMO”) is within the ambit of the absolute pollution exclusion currently in effect. That exclusion, as set forth in the standard form policy published by Insurance Services Office, Inc., provides that CGL coverage does not apply to: “'Bodily injury' or 'property damage' arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of 'pollutants,'” with “pollutants” defined as “any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste ' ” At least one insurance carrier, however, has defined “ pollutants” expressly also to include “genetically engineered materials.” See, e.g., Bechtel Petroleum Operations, Inc. v. Cont'l Ins. Co., 2006 WL 531277 (Cal. App. 2d Dist. Mar. 6, 2006). Other issues that have been litigated in the context of traditional environmental liability and mass tort claims are also relevant to potential GMO claims, including whether the alleged harm was expected or intended by the policyholder, and whether the alleged harm constitutes a single occurrence or multiple occurrences.
Although claims for damage caused by GMO may arise in other contexts, it is within the agricultural sector that GMO coverage issues would likely predominate. Various participants in the agriculture industry, from individual farmers to seed companies, agricultural cooperatives, and distributors, obtain CGL or other liability coverage to protect against liability for bodily injury and property damage. Covered liability for property damage generally includes physical injury to tangible property including the loss of use thereof, as well as the loss of use of tangible property that has not been physically injured. Coverage under such policies is typically limited to “occurrences,” as that word is interpreted in the case law.
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.